Articles 180 and 181 of the Constitution of India: Speaker and Deputy Speaker of a State Legislative Assembly
Articles 180 and 181 form part of the constitutional provisions concerning officers of a State Legislature. Article 180 provides continuity in the office of Speaker when the Speaker's office is vacant or the Speaker is absent from a sitting. Article 181 regulates who may preside when a resolution for removal of the Speaker or Deputy Speaker is under consideration.
Article 180 - Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
Meaning: Article 180 deals with two situations: a vacancy in the office of Speaker and the Speaker's absence from a particular sitting. It ensures that the Legislative Assembly can continue to function and that there is a constitutionally recognised person to perform the Speaker's duties.
Clause (1): While the office of Speaker is vacant, the duties of the office are performed by the Deputy Speaker. If the office of Deputy Speaker is also vacant, a member of the Assembly appointed by the Governor performs those duties.
Clause (2): When the Speaker is absent from a sitting, the Deputy Speaker acts as Speaker. If the Deputy Speaker is also absent, the person determined under the Assembly's rules of procedure acts as Speaker; if no such person is present, the Assembly determines another person to act as Speaker.
Vacancy and absence are different situations
A vacancy concerns the office of Speaker itself. An absence concerns a sitting at which the Speaker does not preside. Article 180 provides a separate mechanism for each situation, thereby maintaining continuity in the conduct of Assembly business.
Article 181 - Speaker or Deputy Speaker not to preside during consideration of a removal resolution
Meaning: Article 181 applies when the Legislative Assembly is considering a resolution to remove the Speaker or Deputy Speaker from office. The office-holder whose removal is under consideration cannot preside over that sitting.
Clause (1): If a resolution for removal of the Speaker is under consideration, the Speaker cannot preside. Likewise, if a resolution for removal of the Deputy Speaker is under consideration, the Deputy Speaker cannot preside. For that sitting, the arrangement in Article 180(2) applies as though the relevant presiding officer were absent.
Clause (2): When a resolution for the Speaker's removal is under consideration, the Speaker may speak and otherwise take part in the proceedings. Notwithstanding Article 189, the Speaker may vote in the first instance on that resolution or on another matter during those proceedings, but does not have a casting vote in the event of equality of votes.
Connection with Articles 179 and 189
Article 179 contains the constitutional rules on vacation, resignation and removal of the Speaker and Deputy Speaker, including the requirement of at least fourteen days' notice before a removal resolution is moved. Article 181 governs the presiding and participation rules while such a resolution is actually under consideration. Article 189 contains the general provisions concerning voting in the Houses of a State Legislature.
Key points under Articles 180 and 181
- The Deputy Speaker ordinarily performs the Speaker's duties when the office of Speaker is vacant.
- If both offices are vacant, the Governor may appoint a member of the Assembly for the purpose under Article 180(1).
- For absence from a sitting, Article 180(2) follows the order prescribed by the Constitution and the Assembly's rules of procedure.
- A Speaker or Deputy Speaker cannot preside while a resolution for his or her own removal is under consideration.
- The Speaker retains the constitutional right to speak and participate during proceedings on the Speaker's removal and may vote in the first instance, but not exercise a casting vote on an equality of votes.
Constitutional text and explanation checked against the official Constitution of India published by the Legislative Department, Government of India.