Article 198 of Indian Constitution

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Article 198 of Indian Constitution Explained in Detail | Speaker's Casting Vote, Voting Procedure & State Legislature

Article 198 of Indian Constitution Explained in Detail — Speaker's Casting Vote, Voting Procedure & State Legislature Powers

The Constitution of India is the longest written constitution in the world, and every single article in it serves a unique and vital purpose. One such important provision is Article 198, which deals with voting in the Houses of State Legislature, the power of Houses to act despite vacancies, and the quorum requirements. At the heart of this article lies a fascinating concept — the Speaker's casting vote when there is an equality of votes.

If you are a law student, judicial services aspirant, or simply someone who wants to understand how decisions are made in your state legislature, this detailed guide will walk you through every aspect of Article 198. We will break down the legal language into simple words, compare it with Article 100 (the Parliament equivalent), look at real-world examples, and explore how this provision ensures fairness and continuity in the legislative process.

Before we dive deep, here is a quick overview of what Article 198 covers:

Voting procedure in the State Legislative Assembly and Legislative Council
Speaker's casting vote in case of a tie (equality of votes)
Power to continue proceedings even if some seats are vacant
Quorum rules — how many members must be present for a valid meeting

What is Article 198 of the Indian Constitution?

Article 198 falls under Part VI of the Indian Constitution, which deals with the States. Specifically, it is located in Chapter III titled "The State Legislature." This article is the state-level counterpart of Article 100, which governs voting in the Parliament of India (Lok Sabha and Rajya Sabha).

The article ensures that the business of the state legislature runs smoothly without unnecessary interruptions. It answers critical questions like: What happens when votes are tied? Can the House function if some members have resigned or passed away? How many members need to be present for a meeting to be valid?

Article 198 — 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.

Clause-by-Clause Breakdown of Article 198

Let us now dissect each clause of Article 198 one by one. Understanding each part separately will help you grasp the full picture and also prepare better for competitive exams like UPSC, State PCS, and Judicial Services.

Clause (1) — The Speaker's Casting Vote

This is the most important clause of Article 198 and the one that is most frequently asked about in exams. It has two parts:

Part A: All questions in the House are decided by a majority of votes of members who are present and voting. The Speaker (or Chairman, in case of Legislative Council) does NOT vote in the first instance. This means the Speaker remains neutral during normal voting.

Part B: However, if the votes are tied — meaning the number of "Ayes" equals the number of "Noes" — the Speaker gets a casting vote to break the tie. This is called the casting vote because it is cast only to resolve a deadlock.

Key Point: The Speaker does not have a regular vote like other members. They only vote when there is an equality of votes. This ensures the Speaker remains impartial and non-partisan while conducting the House.

Clause (2) — Power to Act Despite Vacancies

This clause is about continuity. It says that the House can continue to function and make decisions even if some seats are vacant. For example, if some MLAs resign, die, or are disqualified, the remaining members can still conduct business.

It also protects the validity of proceedings. Even if it is later discovered that someone who was not entitled to sit or vote participated in the proceedings, those proceedings remain valid. This prevents chaos and litigation over past decisions.

Clause (3) — Quorum Requirements

Quorum means the minimum number of members that must be present for a meeting to be valid. Article 198 sets the default quorum as:

Ten members, OR
One-tenth of the total members of the House

Whichever is greater. However, the state legislature can pass a law to change this number if needed.

Clause (4) — Duty of Speaker When No Quorum

If during a meeting it is found that there is no quorum (not enough members present), the Speaker has a duty to either:

Adjourn the House (end the meeting), OR
Suspend the meeting until enough members arrive

Comparison: Article 198 vs Article 100 of the Indian Constitution

Since Article 198 is the state-level version of Article 100, it is important to understand the similarities and differences. Here is a detailed comparison table:

Aspect	Article 100 (Parliament)	Article 198 (State Legislature)
Applies To	Lok Sabha and Rajya Sabha	State Legislative Assembly and Legislative Council
Presiding Officer	Speaker (Lok Sabha) / Chairman (Rajya Sabha)	Speaker (Assembly) / Chairman (Council)
Casting Vote	Speaker/Chairman votes only in case of equality of votes	Same provision — casting vote only in tie situation
First Instance Vote	Speaker does not vote in first instance	Speaker does not vote in first instance
Vacancies	House can act despite vacancies	House can act despite vacancies
Validity of Proceedings	Proceedings valid even if unqualified person participated	Same protection for state legislature proceedings
Quorum (Default)	One-tenth of total members of the House	Ten members OR one-tenth of total members, whichever is greater
Quorum Can Be Changed	Yes, by Parliament by law	Yes, by State Legislature by law
No Quorum Action	Speaker/Chairman must adjourn or suspend	Speaker/Chairman must adjourn or suspend
Part of Constitution	Part V (The Union)	Part VI (The States)

Important Observation: The only major difference between Article 100 and Article 198 is the quorum calculation. For Parliament, it is simply one-tenth of total members. For State Legislature, it is ten members OR one-tenth, whichever is greater. This ensures that even small state legislatures have a reasonable minimum attendance requirement.

The Speaker's Casting Vote: A Deep Dive

The concept of the casting vote is one of the most interesting features of parliamentary democracy. Let us understand it in detail.

Why Does the Speaker Not Vote in the First Instance?

The Speaker is the neutral referee of the House. Their job is to ensure fair debate, maintain discipline, and interpret rules. If the Speaker regularly voted on every issue, they would be seen as taking sides, which would undermine their authority and impartiality.

By not voting in the first instance, the Speaker:

Maintains political neutrality
Preserves the dignity of the Chair
Ensures fair conduct of House proceedings
Avoids partisan bias in decision-making

When Does the Speaker Exercise the Casting Vote?

The casting vote is exercised only when:

A division (formal vote) has been called
The votes for and against are exactly equal in number
The Speaker must then cast one vote to break the tie

How Is the Casting Vote Exercised?

The process is as follows:

The Speaker asks the House to divide into "Ayes" and "Noes"
The votes are counted by the tellers
If the numbers are equal, the Speaker announces the tie
The Speaker then casts their vote, declaring "Aye" or "No"
The Speaker may give reasons for their decision, though this is not mandatory

Convention vs. Law

While the Constitution gives the Speaker the legal right to cast a vote, there are unwritten conventions that guide how this vote should be used. These conventions have developed over centuries of parliamentary practice, originally borrowed from the British House of Commons:

Status Quo Convention: The Speaker generally votes to maintain the status quo — meaning they vote in a way that does not make a sudden or dramatic change.
Further Discussion Convention: Whenever possible, the Speaker votes to keep the matter open for future discussion rather than closing it permanently.
No Permanent Change: The Speaker avoids voting in a way that creates an irreversible decision when the House is evenly divided.

Real-World Example: In the UK House of Commons, Speaker John Bercow cast a casting vote in 2019 on a Brexit-related motion. He voted against the government, citing the convention that the Speaker should not allow a major policy change on a tied vote. While this was controversial, it demonstrated how the casting vote can have enormous political significance.

Table: Conventions Governing the Speaker's Casting Vote

Convention	Description	Practical Application
Status Quo	Vote to maintain existing situation	If a bill is being amended, vote to keep the bill in its current form
Further Discussion	Vote to keep the issue open for debate	Vote against closure motions to allow more discussion
No Permanent Change	Avoid irreversible decisions on tied votes	Vote against constitutional amendments or major policy shifts
Impartiality	Do not favor any political party	Ignore party whip and vote based on House traditions
Transparency	Give reasons when casting vote	Speaker may explain the rationale in the House records

Important Exception: Article 181 and Article 96

There is a crucial exception to the casting vote rule that you must know about. When a resolution for the removal of the Speaker is under consideration, the Speaker's voting rights change.

Under Article 181 (for State Legislature) and Article 96 (for Parliament):

The Speaker shall not preside over the sitting while their removal resolution is being discussed
The Speaker has the right to speak and defend themselves in the House
The Speaker can vote in the first instance on the removal resolution
However, the Speaker shall NOT have a casting vote in case of equality of votes on their removal

Why This Exception? This is a safeguard to prevent the Speaker from using their casting vote to save themselves from removal. It ensures that the House has the final say on the Speaker's tenure without the Speaker being able to break a tie in their own favor.

Quorum Requirements Across Indian State Legislatures

Let us look at how quorum works in practice. The default rule under Article 198 is ten members or one-tenth of the total, whichever is greater. Here are some examples:

State	Assembly Strength	One-Tenth	Applicable Quorum (Greater of 10 or 1/10th)
Uttar Pradesh	403	40.3 = 41	41 members
Maharashtra	288	28.8 = 29	29 members
Bihar	243	24.3 = 25	25 members
Tamil Nadu	234	23.4 = 24	24 members
Karnataka	224	22.4 = 23	23 members
Gujarat	182	18.2 = 19	19 members
Kerala	140	14	14 members
Punjab	117	11.7 = 12	12 members
Himachal Pradesh	68	6.8 = 7	10 members (since 10 > 7)
Goa	40	4	10 members (since 10 > 4)
Sikkim	32	3.2 = 4	10 members (since 10 > 4)

Key Insight: For smaller states like Goa and Sikkim, the minimum quorum is 10 members because that is greater than one-tenth of their total strength. This ensures that even small legislatures cannot function with just 3-4 members present, maintaining the dignity of the House.

Real-World Case Studies and Historical Instances

While casting votes are relatively rare in India compared to countries like the UK, there have been notable instances where the Speaker's vote played a decisive role. Let us look at some examples:

Case Study 1: The Confidence Vote Scenario

Imagine a state assembly with 200 members. After some resignations and disqualifications, the ruling party has 98 members and the opposition has 98 members. There are 4 independents. During a confidence motion, the ruling party gets 98 votes, the opposition gets 98 votes, and the independents abstain. The result is a tie at 98-98.

In this situation:

The Speaker, who did not vote initially, now has the power to cast a casting vote
If the Speaker votes with the government, the motion passes 99-98
If the Speaker votes with the opposition, the motion fails 98-99

This is why the Speaker's role becomes politically crucial in hung assemblies.

Case Study 2: The UK Precedent — Speaker Bercow (2019)

In January 2019, UK Speaker John Bercow cast a casting vote on a government motion. The vote was tied at 311-311. Bercow voted against the government, citing the convention that the Speaker should not allow a major policy change on a tied vote. This decision had significant implications for the Brexit process and demonstrated the enormous power vested in the Speaker's casting vote.

Case Study 3: Australian Parliament — Speaker Andrew (2000)

In November 2000, the Australian House of Representatives saw an equality of votes on a motion of dissent from a Speaker's ruling. Speaker Neil Andrew declined to give a casting vote, stating that the matter had not been supported by a majority and he was not prepared to vote. He then put the question again, showing that Speakers sometimes use their discretion in unexpected ways.

Table: When Can the Speaker Vote? A Complete Guide

Situation	Can Speaker Vote in First Instance?	Can Speaker Cast Vote in Tie?	Legal Basis
Normal Legislative Business	No	Yes	Article 198(1)
Removal of Speaker Resolution	Yes	No	Article 181(2)
Removal of Deputy Speaker	Yes (if Deputy Speaker)	No	Article 181(2)
Election of Speaker	Yes	N/A	Article 175
Joint Sitting of Both Houses	No	Yes	Article 198 read with Article 196
Money Bill Dispute	No	Yes	Article 198(1)
Constitutional Amendment	No	Yes	Article 198(1)

Article 198 in Hung Assemblies: Why It Matters

In recent years, India has seen several hung assemblies where no single party has a clear majority. In such situations, Article 198 becomes extremely important because:

The Speaker's casting vote can decide the fate of the government
It can determine whether a confidence motion passes or fails
It can influence the passage of critical legislation
It can affect money bills and budget approvals

Let us understand this with a hypothetical scenario:

Scenario: A state has an assembly of 200 members. After elections, Party A has 95 seats, Party B has 95 seats, and independents have 10 seats. Party A forms the government with support from 6 independents, giving them 101 members. However, 2 independents later withdraw support. Now Party A has 99 members, Party B has 95, and 6 members are neutral. During a no-confidence motion, Party A gets 99 votes, Party B gets 99 votes. The Speaker must cast a casting vote. This single vote decides whether the government survives or falls.

This is why the election of the Speaker itself becomes a major political event in hung assemblies. The party that gets its candidate elected as Speaker effectively gains an extra vote in critical situations.

Table: Related Constitutional Provisions You Should Know

Article	Subject Matter	Connection to Article 198
Article 93	Speaker and Deputy Speaker of Lok Sabha	Parliamentary counterpart of state Speaker
Article 94	Vacation and resignation of Speaker	Determines when Speaker's office is vacant
Article 95	Deputy Speaker or person appointed to act as Speaker	Acting Speaker also has casting vote powers
Article 96	Speaker not to preside during removal resolution	Exception to casting vote rule
Article 100	Voting in Parliament	Parliamentary equivalent of Article 198
Article 175	Speaker of Legislative Assembly	Election and role of state Speaker
Article 178	Speaker and Deputy Speaker of Legislative Assembly	State-level Speaker provisions
Article 179	Vacation and resignation of office	When state Speaker's office becomes vacant
Article 180	Deputy Speaker to act as Speaker	Acting Speaker provisions at state level
Article 181	Speaker not to preside during removal resolution	State-level exception to casting vote
Article 196	Provisions as to introduction and passing of Bills	Voting on bills where Article 198 applies
Article 199	Definition of "Money Bill"	Money bills require Speaker's certification
Article 200	Assent to Bills	After passing via Article 198 procedure
Article 208	Rules of procedure	State legislature can make rules for voting

Article 198 for Competitive Exams: Important MCQs and Concepts

If you are preparing for UPSC, State PCS, Judicial Services, or law entrance exams, here are the key concepts and likely questions about Article 198:

Frequently Asked Questions

Q: Which article gives the Speaker a casting vote in case of equality of votes in State Legislature?
Ans: Article 198(1)
Q: Does the Speaker vote in the first instance under Article 198?
Ans: No, the Speaker does not vote in the first instance.
Q: What is the default quorum for a State Legislative Assembly?
Ans: Ten members or one-tenth of total members, whichever is greater.
Q: Can the State Legislature change the quorum requirement?
Ans: Yes, by passing a law under Article 198(3).
Q: What happens if there is no quorum during a meeting?
Ans: The Speaker must adjourn or suspend the meeting.
Q: Is a proceeding valid if an unqualified person participated?
Ans: Yes, under Article 198(2), proceedings remain valid.
Q: Can the Speaker cast a vote during their own removal proceedings?
Ans: The Speaker can vote in the first instance but NOT cast a vote in case of tie during removal proceedings (Article 181).
Q: Which article is the parliamentary counterpart of Article 198?
Ans: Article 100.

Key Differences to Remember

Article 100 applies to Parliament; Article 198 applies to State Legislature
Parliament quorum is one-tenth only; State quorum is ten OR one-tenth, whichever is greater
Both articles give the same casting vote power to the presiding officer
Both protect proceedings from being invalidated due to vacancies or disqualifications

Critical Analysis: Strengths and Criticisms of Article 198

Like every constitutional provision, Article 198 has its strengths as well as areas where criticism has been raised. Let us examine both sides:

Strengths of Article 198

Ensures Continuity: The House can function even with vacancies, preventing governance paralysis
Maintains Impartiality: By restricting the Speaker's vote to tie-breaking only, the provision preserves the Speaker's neutral role
Prevents Deadlock: The casting vote ensures that legislative business does not get stuck in case of equal division
Protects Past Proceedings: The validity clause prevents frivolous challenges to past legislative actions
Flexible Quorum: States can adjust quorum requirements based on their specific needs

Criticisms and Concerns

Political Bias: In practice, Speakers often belong to the ruling party, raising concerns about partisan use of the casting vote
Conventions Not Codified: The conventions guiding the casting vote are unwritten, leading to uncertainty
Hung Assembly Manipulation: The provision can be exploited in hung assemblies to keep weak governments in power
No Judicial Review: There is limited scope for courts to review how the Speaker exercises the casting vote
Speaker's Dilemma: The Speaker faces a moral dilemma when their casting vote could topple or save a government

Expert Opinion: Many constitutional experts believe that while Article 198 is necessary for legislative functioning, there should be clearer codified guidelines on how the casting vote should be exercised. Some have suggested that the Speaker should be required to give written reasons for their casting vote, which would be recorded in the official proceedings.

Comparative Analysis: Casting Vote in Other Democracies

The concept of the casting vote is not unique to India. It exists in several other democracies, though the rules vary. Here is a comparison:

Country	Presiding Officer	Casting Vote Rule	Special Features
India	Speaker of Lok Sabha / State Assembly	Only in case of equality; no first instance vote	No vote during own removal (Articles 96, 181)
United Kingdom	Speaker of House of Commons	Only in tie; conventions guide usage	Strong tradition of impartiality; Speaker resigns from party
Australia	Speaker of House of Representatives	Only in tie; conventions apply	Speaker may give reasons recorded in Votes and Proceedings
Canada	Speaker of House of Commons	Only in tie; maintains status quo	Speaker expected to vote to continue debate
United States	Vice President (Senate) / Speaker (House)	Vice President can break ties in Senate	US Speaker votes regularly like other members
New Zealand	Speaker of House of Representatives	Only in tie; follows UK conventions	Speaker expected to vote for status quo

Interesting Fact: In the United States, the Vice President serves as the President of the Senate and can cast tie-breaking votes. This has happened hundreds of times in US history. Unlike India, where the Speaker is expected to be non-partisan, the US Vice President is openly political, making their tie-breaking votes highly partisan.

How Article 198 Works in Practice: A Step-by-Step Guide

Let us walk through a typical legislative scenario where Article 198 comes into play:

Step 1: Motion is Introduced

A member introduces a motion or a bill is put to vote. The Speaker presides over the proceedings and ensures proper debate.

Step 2: Division is Called

If the Speaker cannot determine the result by voice vote ("Ayes" and "Noes"), a division is called. Members physically move to the "Ayes" lobby or the "Noes" lobby, or an electronic voting system is used.

Step 3: Votes Are Counted

The tellers count the votes. The Speaker does not participate in this counting and does not cast a vote at this stage.

Step 4: Result is Announced

The Speaker announces the result. If one side has more votes, the motion passes or fails accordingly. The Speaker's role ends here in normal cases.

Step 5: Tie Situation — Casting Vote

If the votes are exactly equal, the Speaker announces a tie. The Speaker then exercises their casting vote under Article 198(1) to break the deadlock.

Step 6: Final Result

The Speaker's vote is added to one side, and the final result is announced. The decision is recorded in the official proceedings of the House.

Conclusion: The Silent Guardian of Legislative Democracy

Article 198 may seem like a dry procedural provision at first glance, but it is actually one of the cornerstones of legislative democracy in Indian states. By giving the Speaker a casting vote only in cases of tie, it preserves the Speaker's impartiality while ensuring that legislative deadlocks can be broken. By allowing the House to function despite vacancies, it ensures continuity of governance. By setting quorum requirements, it maintains the dignity and seriousness of legislative proceedings.

Whether you are a law student preparing for exams, a civil services aspirant studying the Constitution, or a curious citizen wanting to understand how your state legislature works, Article 198 is a provision worth knowing deeply. It reminds us that democracy is not just about big speeches and election rallies — it is also about the carefully designed rules that ensure our legislatures function fairly, smoothly, and without interruption.

The next time you hear about a hung assembly or a tied vote in the news, you will know exactly what constitutional provision is at play and why the Speaker's role becomes so crucial. Article 198 is the silent guardian that keeps the wheels of state democracy turning, one vote at a time.

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Last Updated: July 2026 | Article Published on Barristery.in

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AUTHOR: RABI KR. PANDIT

Hello, I am Rabi Kr. Pandit, the founder of this platform and a resident of Kolkata, India. I hold a degree in History, Political Science, and English, and I am currently pursuing my legal studies at Jogesh Chandra Chaudhary Law College under the University of Calcutta. I manage multiple educational blogs with the aim of delivering knowledge in a clear, structured, and accessible manner. My focus is on simplifying complex topics and presenting reliable information that benefits students and readers from diverse academic backgrounds.