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Articles 184 and 185 of the Constitution of India: Deputy Chairman and Removal Resolution

Articles 184 and 185 form part of Part VI, Chapter III of the Constitution and regulate who performs the functions of the Chairman of a State Legislative Council when the office is vacant or the Chairman is absent, and who may preside when a resolution for removal of the Chairman or Deputy Chairman is under consideration.

In brief: Article 184 provides continuity in the office of Chairman. Article 185 prevents the Chairman or Deputy Chairman from presiding over a sitting when a resolution seeking that officer's own removal is under consideration, while preserving the Chairman's specified rights to participate and vote.
On this page Article 184 Article 185 Meaning and effect Related provisions

Article 184 - Power of the Deputy Chairman or other person to perform the duties of, or to act as, Chairman

Article 184 deals with two different situations: a vacancy in the office of Chairman and the Chairman's absence from a sitting of the Legislative Council.

Clause (1): While the office of Chairman is vacant, the Deputy Chairman performs the duties of that office. If the office of Deputy Chairman is also vacant, a member of the Council appointed by the Governor performs those duties.

Clause (2): When the Chairman is absent from a sitting, the Deputy Chairman acts as Chairman. If the Deputy Chairman is also absent, the person determined under the Council's rules of procedure acts as Chairman; if no such person is present, the Council determines another person to act as Chairman.

This provision ensures that proceedings of the Legislative Council can continue despite a vacancy in, or temporary absence from, the office of Chairman.

Article 185 - Chairman or Deputy Chairman not to preside during consideration of removal resolution

Article 185 applies when the Legislative Council is considering a resolution for removal of its Chairman or Deputy Chairman.

Clause (1): The Chairman cannot preside while a resolution for the Chairman's removal is under consideration. Likewise, the Deputy Chairman cannot preside while a resolution for the Deputy Chairman's removal is under consideration. For such a sitting, the arrangement in Article 184(2) applies as though the concerned presiding officer were absent.

Clause (2): When a resolution for removal of the Chairman is under consideration, the Chairman may speak and otherwise participate in the proceedings. Despite Article 189, the Chairman may vote in the first instance on that resolution or another matter during those proceedings, but has no casting vote in the event of equality of votes.

Meaning and practical effect of Articles 184 and 185

Chairman: In these provisions, the term refers to the Chairman of a State Legislative Council. The office and the corresponding office of Deputy Chairman are provided for in Article 182.

Vacancy and absence: Article 184 distinguishes a vacant office from absence at a particular sitting. In a vacancy, Article 184(1) identifies who performs the duties of the office. For absence from a sitting, Article 184(2) identifies who acts as Chairman for that sitting.

Removal proceedings: Article 185 separates participation from presiding. The concerned Chairman or Deputy Chairman does not preside over consideration of a resolution seeking that officer's removal. Article 185(2) separately protects the Chairman's right to speak, participate and cast a first-instance vote, subject to the constitutional limitation on a casting vote.

Related removal provision: Article 183 governs vacation, resignation and removal from the offices of Chairman and Deputy Chairman, including the constitutional requirements applicable to a removal resolution.