Part VI: The States

Chapter IV: Officers of the State Legislature

Article 178: The Speaker and Deputy Speaker of the Legislative Assembly

--- Original Article ---

Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Explanations

Article 178 of the Indian Constitution establishes the framework for the roles of Speaker and Deputy Speaker in the Legislative Assembly of each State. These offices are essential for the effective functioning of State legislatures, ensuring legislative processes are conducted in an organized and fair manner. The Speaker and Deputy Speaker are central to maintaining order, facilitating debates, and upholding the principles of democracy within the Assembly.

Key Provisions

• Appointment of Speaker and Deputy Speaker: Article 178 mandates that each Legislative Assembly must elect two of its members as Speaker and Deputy Speaker at the earliest possible opportunity. These individuals are responsible for presiding over the Assembly’s sessions, ensuring that proceedings run smoothly, and that members adhere to parliamentary rules.
• Procedure for Filling Vacancies: In case of a vacancy in either the Speaker or Deputy Speaker's office, the Legislative Assembly is required to elect a replacement. This provision ensures continuity in leadership and the efficient functioning of legislative duties, even if the office becomes vacant due to resignation, death, or other reasons.

Amendments

While Article 178 has not undergone any amendments, the Speaker and Deputy Speaker roles have been shaped by evolving parliamentary conventions and rulings by the Supreme Court, which have clarified the powers and responsibilities associated with these offices.

Real-Life Example

• In the Karnataka Legislative Assembly in 2019, the Speaker played a key role in deciding on the disqualification of members, influencing the stability of the state government. This incident highlighted the Speaker’s discretionary powers and underscored the importance of this constitutional office.
• In the Tamil Nadu Legislative Assembly in 1988, following political turmoil, the Speaker’s role became pivotal when controversial actions led to the suspension of opposition members. This incident highlighted the Speaker’s powers and raised questions about the need for neutrality, underscoring the constitutional expectation of impartiality in legislative leadership.

Historical Significance and References

The concept of a Speaker and Deputy Speaker is inherited from British parliamentary traditions, where the Speaker's impartiality is paramount to legislative operations. The framers of the Indian Constitution emphasized these roles to safeguard the democratic values within State Legislatures, drawing from established practices in parliamentary democracies worldwide.

Legislative History

Article 178 of the Indian Constitution, originally drafted and discussed as Article 157 of the Draft Constitution, was incorporated into the Constitution on January 2, 1949.

Debates and Deliberations

During the discussion, the President remarked that Article 157 is essentially the same as Article 76, with the significant difference being that Article 157 relates to the States, whereas Article 76 concerns the Union. The President asked for any objections, and all Honourable Members agreed to adopt Article 157 without additional discussion or amendments. Thus, Article 157 was officially added to the Constitution.

References

• Constitution of India, Article 178
• Supreme Court Rulings on the Powers and Responsibilities of the Speaker and Deputy Speaker
• Comparative Analysis with British Parliamentary Traditions