ARTICLE 98, 99, 100 OF CONSTITUTION OF INDIA 1949

What is the procedure of Secretariat of Parliament? What is Oath or affirmation by members? What is Voting in Houses, power of Houses to act notwithstanding vacancies and quorum? Article 98, 99 and 100 of Constitution of India, 1949

Secretariat of Parliament, Oath or affirmation by members Voting in Houses and power of Houses to act notwithstanding vacancies and quorum are defined under Article 98, 99 and 100 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 98 of Constitution of India "Secretariat of Parliament"

(1) Each House of Parliament shall have a separate secretariat staff: Provided that nothing in this clause shall be construed as preventing the creation of posts common to both Houses of Parliament.

(2) Parliament may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of either House of Parliament.

(3) Until provision is made by Parliament under clause (2), the President may, after consultation with the Speaker of the House of the People or the chairman of the council of States, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House of the People or the council of States, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

Article 99 of Constitution of India "Oath or affirmation by members"

Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, 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 100 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 either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker. The Chairman or Speaker, 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) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament 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 Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House.

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

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