Part VI: The States

Chapter IV: Officers of the State Legislature

Article 182: The Chairman and Deputy Chairman of the Legislative Council

--- Original Article ---

The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

Explanations

Article 182 of the Indian Constitution specifies the election and responsibilities of the Chairman and Deputy Chairman in the Legislative Councils of states with bicameral legislatures. This article aims to provide a structured and formalized leadership hierarchy within Legislative Councils to manage state legislative procedures effectively and ensure seamless transitions when vacancies arise.

Key Provisions

• 1. Selection Process of Chairman and Deputy Chairman:
  • In every state with a Legislative Council, two members must be elected to serve as Chairman and Deputy Chairman.
  • This election occurs early in the Council’s session to establish leadership promptly, ensuring that the Council’s functions are carried out with proper oversight.
• 2. Vacancy and Succession Protocol:
  • If the position of Chairman or Deputy Chairman becomes vacant, the Council must hold a fresh election to fill the position.
  • This clause emphasizes continuity, preventing any delays in Council proceedings due to leadership gaps.

Amendments and Interpretations

While Article 182 has not undergone specific textual amendments, its interpretation has evolved through court rulings on eligibility and procedural guidelines during election disputes. The legislature often refers to established practices and procedural precedents to address unique situations in filling these roles.

Real-Life Applications

• In the Bihar Legislative Council, when a Chairman resigned, the Deputy Chairman temporarily assumed duties until a new Chairman was elected, allowing the Council’s work to continue seamlessly.
• In the Maharashtra Legislative Council, upon the Chairman’s retirement, the Deputy Chairman stepped in as acting Chairman until a replacement was chosen, maintaining procedural continuity.

Historical Background and Context

The design of Article 182 aligns with democratic governance principles and British parliamentary conventions, emphasizing leadership stability and formal protocols. The Constituent Assembly aimed to prevent procedural disruptions and uphold impartial oversight in legislative functions by incorporating structured leadership within legislative bodies.

References

• The Government of India Act, 1935
• Constituent Assembly Debates on Article 182
• Principles of Parliamentary Procedure

Legislative History

Article 182 of the Indian Constitution, originally drafted and discussed as Article 160 of the Draft Constitution, was incorporated into the Constitution on January 2, 1949.

Debates and Amendments

During the Constituent Assembly debates, Mr. Naziruddin Ahmed proposed a verbal amendment to replace "another" with "a" in Article 160 to clarify that a re-elected Chairman or Deputy Chairman could reclaim their previous position. However, this amendment was ultimately rejected, and Article 160 was adopted as part of the Constitution.