Which of the following statements regarding the 'casting vote' in the Parliament is/are correct? 1. It is cast by the speaker or a person acting as such. 2. It is cast in addition to voting in the first instance. 3. It is cast in the case of equality of votes. 4. It is always cast to maintain the status quo. Select the correct answer using the code given below:
- A.1, 2 and 3 only
- B.1 and 3 only
- C.2 and 4 only
- D.3 only
Correct answer
Explanation
The correct answer is B, 1 and 3 only. Under Article 100, the Speaker or the person acting as such does not vote in the first instance, but has a casting vote when votes are equally divided.
Article 100(1) says the Chairman or Speaker, or the 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. The casting vote is meant only to break a tie, which keeps the presiding officer impartial. There is a convention, drawn from British practice, that the casting vote is used in favour of the status quo, but the Constitution does not bind the presiding officer to it.
A is wrong because statement 2 is false: the presiding officer does not vote in the first instance at all. C is wrong because statement 2 is false and statement 4 is only a convention, not a rule that always applies. D is wrong because statement 1 is also true.
Exam tip: Article 100 gives only a casting vote on a tie; under Article 96, while a resolution for the Speaker's removal is considered, the Speaker does not preside, may vote in the first instance, but has no casting vote.
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