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Article 178 Indian Constitution 1949

Do you know about the speaker and deputy speaker of the state legislature? If No, continue reading the article below as we will discuss: The Speaker and Deputy Speaker of the Legislative Assembly, Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker and Power of the Deputy Speaker or to act as, Speaker.

The legislative body (commonly referred to as Vidhan Sabha) is indeed the unicameral government’s single house and the lower house of bicameral states. A Speaker is appointed by Article 178 of the Indian Constitution to rule during meetings of the Legislative Council of an Indian State, and an equivalent speaker is appointed by Article 93 of the Lok Sabha. The Indian Speakers’ position is modelled after that of the Speaker of the House of Parliament in England. The Speaker and Deputy Speaker of the Legislative Assembly have identical duties and responsibilities as the British Speaker.

Article 178: The Speaker and Deputy Speaker of the Legislative Assembly

Article 178: The Speaker and Deputy Speaker of the Legislative Assembly

Each State’s Legislative Council shall pick 2 members to serve as Speaker and Deputy Speaker as early as possible. If the position of Speaker or Deputy Speaker gets vacated, the Assembly must select another person to serve as Speaker or Deputy Speaker, as the situation could be.

Article 179: Vacation And Resignation Of, And Removal From, The Offices Of Speaker And Deputy Speaker

According to Article 179: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker, A representative holding the position of Speaker or Deputy Speaker of a Legislature: 

  • Must vacate his workplace if he stops to be a participant in the Legislature
  • Might very well step down his position at any moment by having written addressed towards the Deputy Speaker in case they are the Speaker, and to the Speaker in case they are the Deputy Speaker; and
  • They might well be removed from the position by an Assembly resolution voted by a large percentage of all legislators at the time
  • Provided, however, that none will be brought for the purposes of subsection (c) until at least 14 days of notification of the desire to move the proposal has indeed been offered Provided, therefore, that if the Legislature is disbanded, the Speaker must remain in position until the first session of the Council following the fall

Article 180: Power Of The Deputy Speaker Or Other Person To Perform The Duties Of The Office Of, Or To Act As, Speaker

  • While the Speaker’s position is empty, the Deputy Speaker or even the Deputy Speaker’s position is also empty. Any person of the Council as the Governor might select for a reason shall exercise the functions of the position
  • In the unavailability of the Speaker out of any Parliamentary meeting, the Deputy Speaker or, in case he is likewise unavailable, such individual as the Legislature’s procedural rules might decide, or, when no such individual is available, certain another individual as the Legislature might decide, or simply acts as Speaker

Article 181: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

  • Whereas any decision for the expulsion of the Speaker from his position is under evaluation, the Speaker, or even while any decision for the expulsion of the Deputy Speaker from his position is under deliberation, the Deputy Speaker must not preside at any session of the Legislative Council, even if he is available. The regulations of stipulation (2) of Article 180 section apply to each session as they apply to a session wherein the Speaker or, as the instance could be, the Deputy Speaker has resigned
  • While any decision for his dismissal from the position is under evaluation in the Legislative Council, the Speaker deserves the authority to talk in and alternatively participate in the deliberations of the Assembly and must, notwithstanding everything in article 189, be permitted to vote only for the first chance on such settlement or even any other point when the session is going on. However, this does not apply to the fairness of votes

Conclusion

The Speaker and Deputy Speaker of the Legislative Assembly positions may not have much power; however, they do have a lot of dignity and status. The Speaker serves as a neutral arbiter between the governing government and the opponent. One of the Speaker’s most essential responsibilities is to ensure that the opposition has sufficient opportunity to criticise the government. The Speaker’s responsibilities are carried out by the Deputy Speaker while the Speaker is absent or whenever the Speaker’s position is empty. The Deputy Speaker has similar powers as the Speaker while presiding above a Legislative Assembly session.

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Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

Who administers the speaker of the Lok Sabha's oath of affirmation?

Answer. The Speaker of the Lok Sabha is a parliamentarian. The pro-tem Speaker administers the pledge to him and the...Read full

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