Part VI: The States

Chapter IV: Officers of the State Legislature

Article 181: Restrictions on Speaker or Deputy Speaker Presiding During Removal Resolution

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(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Explanations

Article 181 safeguards the principles of neutrality and fair governance in the legislative assembly by detailing specific conditions under which the Speaker or Deputy Speaker should not preside during their potential removal, thus ensuring the legislative process remains fair and unbiased.

Key Provisions

• Clause (1): Non-Presiding Requirement
  • This clause mandates that neither the Speaker nor Deputy Speaker shall preside over a session where a resolution for their removal is being discussed.
  • Even if they are physically present, they are barred from presiding to ensure impartiality.
  • Clause (2) of Article 180 applies, allowing another member to preside over the session, preventing any conflict of interest.
• Clause (2): Right to Participation and Voting with Limitations
  • This clause permits the Speaker to take part in the proceedings and to vote on the resolution for their removal.
  • The Speaker is allowed a single vote but is restricted from casting a deciding vote in case of a tie.
  • This clause emphasizes democratic principles, allowing the Speaker to participate while preventing undue influence in cases of tied votes.

Real-Life Example

• In cases where the Speaker faces allegations of partisanship, members of the Assembly may introduce a resolution to remove them. Article 181 ensures that the Speaker cannot preside over or unduly influence the outcome, fostering a fair deliberation process.

Historical Significance

Article 181 reflects a commitment to transparency and accountability within the Indian legislative system. Its incorporation into the Constitution drew upon established parliamentary procedures aimed at limiting power abuse, a principle that has resonated throughout Indian democratic development.

Legislative History

Article 181 of the Indian Constitution, initially presented and debated as new Article 159A of the Draft Constitution, was formally incorporated into the Constitution on January 2, 1949.

Debates and Amendments

On January 2, 1949, during the proceedings of the Constituent Assembly, Mr. Kapoor proposed an amendment to insert a new Article 159-A after Article 159 in the Draft Constitution. Following a favorable vote, the amendment was adopted, and Article 159-A was subsequently incorporated into the Constitution.

References

• Constitution of India, Article 181
• Comparative Law: British Parliamentary Practices on Speaker Impartiality