Constitution of India · Section Article 181
The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
Article 181 — The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
- The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly 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.
Plain English Summary
This article states that if a motion is being discussed to remove the Speaker or Deputy Speaker from their post, they cannot preside over the meeting. This rule ensures fairness during such sensitive proceedings by preventing the person facing removal from controlling the discussion.
Key Points
- The Speaker cannot preside while a resolution for their removal is being considered.
- The Deputy Speaker cannot preside while a resolution for their removal is being considered.
- These rules apply to all legislative assemblies when such resolutions are under consideration.
- The Speaker retains the right to speak and participate in the proceedings.
Why It Matters
This provision maintains procedural fairness and impartiality during critical political moments involving the leadership of the Legislative Assembly.
Landmark Judgements
No major landmark judgements.