Part VI: The States

Chapter IV: Officers of the State Legislature

Article 179: Vacation, Resignation, and Removal of the Speaker and Deputy Speaker

--- Original Article ---

A member holding office as Speaker or Deputy Speaker of an Assembly—

(a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:

Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Explanations

Article 179 of the Indian Constitution establishes a robust framework for the terms of office, resignation, and removal of the Speaker and Deputy Speaker of a State Legislative Assembly. This article underscores the principles of democratic accountability and institutional stability.

Key Provisions

• Clause (a): Requirement to Vacate Office Upon Loss of Membership: Mandates the automatic vacation of office for the Speaker or Deputy Speaker if they cease to be a member of the Assembly, ensuring they remain representative of the Assembly’s current composition.
• Clause (b): Protocol for Resignation: Grants the Speaker or Deputy Speaker the right to resign from office, with a structured process requiring the resignation to be addressed to the counterpart, maintaining orderly transition.
• Clause (c): Removal by Resolution with Notice Requirement: Permits the Assembly to remove the Speaker or Deputy Speaker by resolution, with a required 14-day notice to prevent impulsive removal actions, fostering accountability and procedural integrity.
• Retention of Speaker’s Office Post-Dissolution: Allows the Speaker to remain in office until the new Assembly meets, preventing administrative disruption during transitional periods.

Amendments

While no direct amendments have altered Article 179, case law and Assembly practices have provided interpretations that affirm its importance in maintaining the independence of the office while ensuring accountability.

Real-Life Example

• In Tamil Nadu, a Speaker was removed following a resolution passed by the Assembly. The mandatory notice period allowed thorough debate, highlighting the role of this provision in maintaining procedural integrity.

References and Related Provisions

Article 179 takes inspiration from British parliamentary systems, where presiding officers are granted a level of security balanced by accountability mechanisms.

Legislative History

Article 179 of the Indian Constitution, originally drafted and discussed as Article 158 of the Draft Constitution, was incorporated into the Constitution on January 2, 1949.

Debates and Amendments

The discussion on Article 158 of the Constitution involved Mr. Mohd. Tahir proposing amendments to simplify the language and clarify the resignation process of the Speaker or Deputy Speaker. He suggested addressing resignations to the Legislative Assembly members rather than the Deputy Speaker and proposed that only present and voting members should participate in removal decisions. Both amendments were rejected.

Shri Jaspat Roy Kapoor introduced Article 158-A, later refined to Article 159-A, to ensure the Speaker or Deputy Speaker does not preside over sessions discussing their removal, maintaining procedural integrity and mirroring existing provisions for the Houses of Parliament. The motion to add Article 158 to the Constitution was adopted, but voting on the new clause was deferred.

References

• Constitution of India, Article 179
• Case Law: Tamil Nadu Legislative Assembly Speaker Removal Case
• British Parliamentary Conventions on Presiding Officers’ Removal