Part VI: The States

Chapter IV: Officers of the State Legislature

Article 180: Power of the Deputy Speaker or Other Person to Act as Speaker

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(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

Explanations

Article 180 of the Indian Constitution addresses situations in which the Speaker of a Legislative Assembly is either absent or the position itself is vacant, empowering the Deputy Speaker or other Assembly members to perform the Speaker’s duties. This article reflects the importance of continuity in legislative leadership, even under circumstances of temporary or prolonged absence.

Key Provisions

• Clause (1): Powers and Duties Assigned in Speaker's Absence due to Vacancy
  • The Deputy Speaker performs the duties of the Speaker if the Speaker’s office is vacant.
  • If both the Speaker and Deputy Speaker positions are vacant, the Governor appoints a member of the Assembly to act as Speaker.
  • This ensures continuity of legislative proceedings, preventing disruption due to vacancies in key positions.
• Clause (2): Management of Assembly in Temporary Absences of the Speaker
  • During the Speaker's temporary absence, the Deputy Speaker presides over the Assembly’s sessions.
  • If the Deputy Speaker is also absent, a member determined by Assembly rules or appointed by the Assembly itself acts as Speaker.
  • This clause upholds procedural integrity by ensuring someone presides over Assembly functions at all times, even in the absence of the Speaker and Deputy Speaker.

Real-Life Example

• In 2014, during a Kerala Assembly session, both the Speaker and Deputy Speaker resigned, leading the Governor to appoint a senior member to preside, illustrating Article 180’s role in preserving procedural continuity.

Historical Significance and Legislative Context

Article 180’s continuity provisions are rooted in stable governance practices, drawing from British traditions where line of succession is clearly outlined for uninterrupted legislative duties.

Legislative History

Article 180 of the Indian Constitution, originally drafted and discussed as Article 159 of the Draft Constitution, was incorporated into the Constitution on January 2, 1949.

Debates and Amendments

No amendments or significant discussions were recorded during the drafting process for Article 180, underscoring its straightforward purpose of ensuring legislative continuity.

References

• Constitution of India, Article 180
• Kerala Legislative Assembly Session, 2014
• British Parliamentary Rules on Line of Succession