Constitution of India · Section Article 179
Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
Article 179 — Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
- Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.—A member holding office as Speaker or Deputy Speaker of an Assembly—
- (a) shall vacate his office if he ceases to be a member of the Assembly;
- (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
- (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: 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: Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
Plain English Summary
This article explains the rules for when a person holding the position of Speaker or Deputy Speaker of a legislative assembly must leave that office. A member vacates the office if they stop being a member, can resign by writing a letter to the other Speaker, or can be removed by a majority vote of the entire Assembly.
Key Points
- Vacation: The office is automatically vacated if the person stops being a member of the Assembly.
- Resignation: A Speaker or Deputy Speaker can resign by writing a written letter to the other Speaker.
- Removal: The Assembly can remove the Speaker or Deputy Speaker through a resolution passed by a majority of all the members.
- Notice Required for Removal: Before moving a resolution to remove someone, at least fourteen days' notice must be given.
Why It Matters
This article establishes the clear legal procedures for ending a Speaker's or Deputy Speaker's tenure, ensuring that the leadership positions are handled through defined constitutional and procedural means.
Landmark Judgements
No major landmark judgements.