Two small procedural ideas decide whether Parliament can even begin its work: quorum (the minimum members needed to hold a sitting) and the oath (which every member must take before participating). Add the interim role of the Pro-tem Speaker, and you have a cluster of high-frequency Prelims and Interview points. This guide lays out the accurate constitutional position for both Houses.

What is Quorum? (Article 100)

Quorum is the minimum number of members that must be present to enable a House to transact business. Under Article 100(3) of the Constitution, the quorum to constitute a meeting of either House is one-tenth (1/10) of the total number of members of that House, including the person presiding — provided that presiding person is a member (a crucial catch we explain below).

Quorum of Lok Sabha

The current total membership of the Lok Sabha is 543 (the maximum permissible strength is 550). One-tenth of 543 is 54.3, which is rounded up, giving a quorum of 55 members.

Example: If fewer than 55 members are present, the Lok Sabha cannot legally transact business — no debate, no voting, no passing of a Bill can validly take place.

Quorum of Rajya Sabha

The current total membership of the Rajya Sabha is 245 (233 elected + 12 nominated; the maximum permissible strength is 250). One-tenth of 245 is 24.5, rounded up, giving a quorum of 25 members.

Is the Speaker / Chairman Counted in the Quorum?

This is the most misunderstood part of the topic, and the answer differs between the two Houses because of who presides.

• Lok Sabha — Speaker is counted. The Speaker of the Lok Sabha is himself/herself an elected member of the House (Article 93). So when the Speaker presides, he/she is part of the total membership and is counted towards the quorum of 55.
• Rajya Sabha — Chairman is NOT counted. The Chairman of the Rajya Sabha is the Vice-President of India, who is the ex-officio Chairman under Article 89(1) but is not a member of the Rajya Sabha. Since Article 100(3) counts "members," the Chairman (Vice-President) is not counted in the quorum of 25 — all 25 must be sitting members. However, if the Deputy Chairman (who is a member) presides, that person is counted.

What Happens When There Is No Quorum?

Under Article 100(4), if at any time during a sitting there is no quorum, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

Example — the "quorum bell": When a member draws attention to the lack of quorum (common during thinly attended sittings, late-night debates, or Zero Hour), the presiding officer orders the quorum bells to be rung to summon members. If the required number (55 in Lok Sabha, 25 in Rajya Sabha) is assembled, business resumes; if not, the House is adjourned. Quorum is rarely a problem during major debates or voting, but is periodically invoked as a procedural device.

Oath of a Lok Sabha MP (Article 99)

Under Article 99, every member of either House must, before taking his/her seat, make and subscribe an oath or affirmation before the President (or a person appointed by the President), in the form set out in the Third Schedule of the Constitution.

• Who administers it: At the start of a newly constituted Lok Sabha, the Pro-tem Speaker (appointed by the President) administers the oath to newly elected members; thereafter the Speaker does so.
• Language: A member may take the oath in English or in any of the languages in the Eighth Schedule of the Constitution.
• Consequence of not taking oath: A member who sits or votes before taking the oath (or when not qualified) is liable to a penalty of ₹500 per day under Article 104. Until the oath is taken, a member cannot vote or participate in proceedings.

Who is the Pro-tem Speaker?

The term "Pro-tem Speaker" ("for the time being") is not mentioned in the Constitution. When a new Lok Sabha is constituted after a general election, both the offices of Speaker and Deputy Speaker are vacant. Using the power under Article 95(1) — which lets the President appoint a member to perform the Speaker's duties when both offices are vacant — the President appoints a Pro-tem Speaker, by convention the senior-most member of the House (seniority counted by the number of terms served).

The President administers the oath to the Pro-tem Speaker first; the Pro-tem Speaker then administers the oath to the other members. The office is temporary and ceases the moment the new Speaker is elected.

Functions of the Pro-tem Speaker

1. Administer the oath/affirmation to the newly elected members of the Lok Sabha.
2. Preside over the first sitting of the newly constituted House.
3. Conduct the election of the new Speaker (and thereafter the Deputy Speaker).
4. Exercise the powers of the Speaker during this interim period — but only for the limited purpose of getting the House up and running.

Oath of a Rajya Sabha MP — and How It Differs

A Rajya Sabha member takes the oath under the same Article 99 and the same Third Schedule form — the wording is virtually identical, except that the member swears as a member of the "Council of States" instead of the "House of the People." The real differences lie in who administers it and the context:

The key structural reason there is no Pro-tem Speaker in the Rajya Sabha is that the Rajya Sabha is a permanent House — it is never dissolved, so there is always a sitting Chairman (the Vice-President) or Deputy Chairman available to administer oaths and preside. The Lok Sabha, being dissolved and freshly constituted, needs a temporary presiding officer for its very first sitting — hence the Pro-tem Speaker.

In Polity, precision wins marks. "Quorum is one-tenth" is worth little unless you can also say 55 and 25, explain that the Speaker counts but the Chairman does not, and cite the exact articles. That level of accuracy is what separates a safe answer from a scoring one. — Legacy IAS Faculty