an oath or affirmation according to the form set out for the purpose in the Third Schedule.
100. 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.
- [1][(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.]
Disqualifications of Members
101. Vacation of seats.—(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
- (2) No person shall be a member both of Parliament and of a House of the Legislature of a State [2]***, and if a person is chosen a member both of Parliament and of a House of the Legislature of [3][a State], then, at the expiration of such period as may be specified in rules[4] made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
- (3) If a member of either House of Parliament—
- (a) becomes subject to any of the disqualifications mentioned in [5][clause (1) or clause (2) of article 102], or
- [6][(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,]
- his seat shall thereupon become vacant:
[7][Provided that in the case of any resignation referred to in sub-clause (b), if from information received or
otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be,
- ↑ Cls. (3) and (4) were omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 18 (date of enforcement yet to be notified).
- ↑ The words and letters “specified in Part A or Part B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
- ↑ Subs. by ibid., for “such a State”.
- ↑ See the Prohibition of Simultaneous Membership Rules, 1950, published with the Ministry of Law notification No. F.46/50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, P. 678.
- ↑ Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for “clause (1) of article 102” (w.e.f. 1-3-1985).
- ↑ Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2 (w.e.f. 19-5-1974).
- ↑ Ins. by ibid.
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