Conduct of Business
99. 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.
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.
1. Cls. (3) and (4) omitted by the Constitution (Forty-second Amendment) Act, 1973, s. 18 (date not
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 45 (w.e.f. 20-6-1979).
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