Speaker and Deputy Speaker of the State Legislative Assembly

Introduction

The Speaker is the presiding officer of a State Legislative Assembly and is responsible for conducting its proceedings in an orderly manner. The Speaker maintains discipline, applies the rules of the House and helps the Assembly perform its legislative functions. Articles 178 to 181 of the Indian Constitution deal with the election, resignation, removal and temporary replacement of the Speaker and Deputy Speaker.

Meaning and Constitutional Position

The Speaker is a member of the State Legislative Assembly elected by its members to preside over meetings and regulate the business of the House. The Deputy Speaker assists the Speaker and performs the Speaker's duties when required.

Article 178 requires every State Legislative Assembly to choose two of its members as Speaker and Deputy Speaker. These offices support the orderly functioning of the Assembly and the conduct of democratic proceedings.

The Speaker is expected to act fairly while presiding over the House. Although the Speaker may belong to a political party, the responsibilities of the office require impartiality (fair treatment without favouring one side).

Election of the Speaker and Deputy Speaker

Under Article 178, the Legislative Assembly must choose a Speaker and a Deputy Speaker as soon as may be after the Assembly is constituted. Whenever either office becomes vacant, the Assembly must elect another member to fill it.

Both officers are chosen from among the members of the Legislative Assembly. The Constitution does not prescribe additional professional qualifications for either office.

Vacation, Resignation and Removal under Article 179

Article 179 explains when the Speaker or Deputy Speaker must leave office and how either may resign or be removed.

Cessation of Membership

The Speaker or Deputy Speaker must vacate the office if they cease to be a member of the Legislative Assembly.

Resignation

The Speaker may resign by writing addressed to the Deputy Speaker. The Deputy Speaker may resign by writing addressed to the Speaker.

Removal by Resolution

The Legislative Assembly may remove the Speaker or Deputy Speaker by passing a resolution supported by a majority of all the then members of the Assembly. This is an effective majority, meaning a majority of the Assembly's total current membership, rather than merely a majority of members present and voting.

At least fourteen days' notice must be given before a resolution for removal is moved.

Continuation of the Speaker After Dissolution

When the Legislative Assembly is dissolved, the Speaker does not immediately leave office. Under Article 179, the Speaker continues in office until immediately before the first meeting of the newly constituted Assembly.

This provision ensures continuity in the office between the dissolution of the old Assembly and the first meeting of the new one.

Duties of the Speaker

The Speaker performs several important functions in the Legislative Assembly.

Presiding Over Assembly Proceedings

The Speaker presides over meetings, regulates debates and ensures that proceedings follow the Constitution and the Assembly's rules of procedure.

Maintaining Order and Discipline

The Speaker maintains discipline and decorum (proper and respectful behaviour) in the House. The Speaker may take disciplinary action permitted by the rules when members disrupt proceedings.

Regulating Legislative Business

The Speaker applies the Assembly's rules when handling questions, motions, resolutions and debates. The Speaker helps ensure that legislative business is conducted according to the prescribed procedure.

Protecting the Proper Functioning of the Assembly

The Speaker ensures that members have an opportunity to participate in proceedings while maintaining order. These responsibilities help the Assembly carry out its role in making laws and holding the State government accountable.

Role of the Deputy Speaker and Article 180

Article 180 explains who performs the Speaker's duties when the office is vacant or the Speaker is absent.

When the Office of Speaker Is Vacant

Under Article 180(1), the Deputy Speaker performs the duties of the Speaker when the office is vacant. If the office of Deputy Speaker is also vacant, the Governor appoints a member of the Legislative Assembly to perform those duties.

When the Speaker Is Absent

Under Article 180(2), if the Speaker is absent from a sitting, the Deputy Speaker presides. If the Deputy Speaker is also absent, the person determined by the Assembly's rules of procedure presides. If no such person is present, the Assembly determines who will act as Speaker for that sitting.

The Constitution therefore distinguishes between a vacancy in the office and the temporary absence of the Speaker.

Speaker and Deputy Speaker During Removal Proceedings: Article 181

Article 181 establishes rules for a sitting in which a resolution to remove the Speaker or Deputy Speaker is being considered.

When a Resolution to Remove the Speaker Is Considered

The Speaker cannot preside over the sitting while a resolution for the Speaker's removal is under consideration, even if the Speaker is present. The Deputy Speaker or another person authorised under the applicable rules presides.

The Speaker may speak and participate in the proceedings. The Speaker may vote in the first instance on the resolution or another matter during those proceedings but cannot exercise a casting vote if the votes are equally divided.

When a Resolution to Remove the Deputy Speaker Is Considered

The Deputy Speaker cannot preside over the sitting while a resolution for the Deputy Speaker's removal is under consideration, even if present. The Speaker may preside if available; otherwise, the applicable rules determine who presides.

These provisions ensure that the officer whose removal is being considered does not control the proceedings on that resolution.

Important Constitutional Principles

Majority Required for Removal

The Speaker or Deputy Speaker can be removed only through a resolution supported by a majority of all the then members of the Legislative Assembly. At least fourteen days' notice of the intention to move the resolution is required.

No Presiding During Own Removal Proceedings

Article 181 prevents the Speaker or Deputy Speaker from presiding over the sitting in which their own removal is considered. However, the Speaker retains the right to participate and vote in the first instance, subject to the constitutional restriction on casting a vote.

Continuity of the Office

Article 179 allows the Speaker to remain in office after the Assembly is dissolved until immediately before the first meeting of the new Assembly. Article 180 provides for the performance of the Speaker's duties when the office is vacant or the Speaker is absent.

Distinction Between the Speaker and Deputy Speaker

Practical Example

Suppose a State Legislative Assembly is considering a resolution to remove its Speaker. The resolution can be moved only after the required fourteen days' notice, and its passage requires a majority of all the then members of the Assembly.

While the resolution is being considered, the Speaker cannot preside over the sitting. The Deputy Speaker or another authorised person presides instead. The Speaker may participate in the debate and vote in the first instance, but cannot use a casting vote to break a tie.

If the Speaker's office later becomes vacant, the Deputy Speaker performs the Speaker's duties. If both offices are vacant, the Governor appoints a member of the Assembly to perform those duties under Article 180(1).

Summary

• Article 178 provides for the election of the Speaker and Deputy Speaker from among the members of the State Legislative Assembly.
• Article 179 deals with cessation of membership, resignation, removal and the Speaker's continuation in office after dissolution of the Assembly.
• Removal requires a resolution supported by a majority of all the then members of the Assembly and at least fourteen days' notice.
• Article 180 explains who performs the Speaker's duties when the office is vacant or the Speaker is absent.
• Article 181 prevents the Speaker or Deputy Speaker from presiding over proceedings considering their own removal.
• The Speaker may participate in proceedings concerning their removal and vote in the first instance but cannot exercise a casting vote if votes are equally divided.
• These provisions help ensure continuity, orderly proceedings and accountability in the functioning of State Legislative Assemblies.