Part VI: The States

Chapter IV: Officers of the State Legislature

Article 183: Vacation, Resignation, and Removal of Chairman and Deputy Chairman

--- Original Article ---

A member holding office as Chairman or Deputy Chairman of a Legislative Council—

• (a) shall vacate his office if he ceases to be a member of the Council;
• (b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and
• (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:

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.

Explanations

Article 183 establishes clear procedures for vacating, resigning, and removing the Chairman and Deputy Chairman of a Legislative Council. This Article upholds legislative decorum, ensuring that leadership transitions are governed by established rules and protocols.

Clause Headings and Explanation

• Clause (a): Automatic Vacation of Office upon Council Membership Termination
  • Under this clause, the Chairman or Deputy Chairman must vacate their position if they are no longer a Council member.
  • This ensures that the leadership reflects the current composition of the Council.
• Clause (b): Procedure for Resignation
  • The Chairman or Deputy Chairman may resign from office by submitting a written notice to the other individual in the leadership role.
  • This formalizes the resignation and respects the hierarchy within the Council.
• Clause (c): Removal from Office by Resolution
  • The Legislative Council can remove the Chairman or Deputy Chairman through a resolution passed by a majority vote.
  • A fourteen-day notice is required to allow members adequate time for preparation and discussion.

Real-Life Example

• In a recent instance, a Chairman resigned for personal reasons following Article 183(b), maintaining the integrity of the transition process.
• When policy disagreements led to a vote for a Deputy Chairman’s removal, Article 183(c) ensured that the fourteen-day notice allowed all members to consider their stance.

Historical Significance

Inspired by parliamentary practices, Article 183 emphasizes stability, decorum, and procedural integrity in leadership transitions, reflecting democratic values upheld by the Indian Constitution.

References

• Constitution of India, Article 183
• British Parliamentary Protocols on Leadership Transition

Legislative History

Article 183, presented as Article 161 in the Draft Constitution, was incorporated into the Indian Constitution on January 2, 1949, following deliberation and refinement.

Debates and Amendments

During the debates, Mr. Jaspat Roy Kapoor proposed adding a new clause allowing the Deputy Speaker to preside during a Speaker’s removal discussions, which influenced Article 161's structure.