ARTICLE 188, 189 OF CONSTITUTION OF INDIA 1949

What is the Oath or affirmation by members? What is the procedure of Voting in Houses, power of Houses to act notwithstanding vacancies and quorum? Article 188 and 189 of Constitution of India, 1949

Oath or affirmation by members, Voting in Houses, power of Houses to act notwithstanding vacancies and quorum are defined under Article 188 and 189 of Constitution of India 1949. Provisions under these Article are:

 

 

Article 188 of Constitution of India "Oath or affirmation by members"

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

 

Article 189 of Constitution of India "Voting in Houses, power of Houses to act notwithstanding vacancies and quorum"

(1) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such. The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.

(4) If at any time during a meeting of the Legislative Assembly or the Legislative council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

 

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