Part VI: The States

Chapter IV: Officers of the State Legislature

Article 185: The Chairman or the Deputy Chairman Not to Preside During Removal Resolution

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(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent.

(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council 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 185 establishes procedural guidelines for Legislative Councils when considering the removal of their Chairman or Deputy Chairman. This Article is crucial in upholding the principles of transparency and impartiality, ensuring that office-bearers do not preside or unduly influence proceedings concerning their own potential removal.

Clause Analysis

• Clause (1): Non-Presidency During Removal Proceedings
  • The concerned official must refrain from presiding when a resolution for their removal is being considered.
  • Provisions in Article 184(2) allow for an alternate presiding officer.
• Clause (2): Participation Rights and Voting Limitations for the Chairman
  • The Chairman may participate in discussions about his potential removal and cast an initial vote.
  • He is not permitted to vote in cases of a tie to maintain impartiality.

Real-Life Example

• If a Legislative Council debates a resolution for the Chairman’s removal, he may engage in the discussion and cast an initial vote, but his influence does not extend to tie-breaking, thereby preserving procedural fairness.

Historical Context and Significance

Article 185 was inspired by British parliamentary conventions, emphasizing neutrality for legislative leaders during removal considerations. This principle bolsters confidence in the legislative process, ensuring fair handling of motions involving office-bearers.

References

• Constitution of India, Article 185
• Parliamentary Procedure and Practice

Legislative History

Article 185 of the Indian Constitution, originally discussed as Article 162A, was incorporated into the Constitution on June 2, 1949.

Debates and Amendments

During the discussions, Mr. Kapoor proposed the addition of Article 162A to prevent the Chairman or Deputy Chairman from presiding over sessions considering their removal, which was adopted.