Constitution of India · Section Article 183
Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
Article 183 — Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
- Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.—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.
Plain English Summary
This article explains the conditions under which a person holding the position of Chairman or Deputy Chairman in a Legislative Council must leave their post. A member vacates the office if they stop being a member, can resign by writing a letter to the other Chairman/Deputy Chairman, or can be removed by a majority vote of the entire Council.
Key Points
- Vacation: The office is automatically vacated if the person stops being a member of the Legislative Council.
- Resignation: A Chairman can resign by writing to the Deputy Chairman, and vice versa.
- Removal: The Council can remove the Chairman or Deputy Chairman through a resolution passed by a majority of all its 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 the tenure of the leadership positions in a Legislative Council, ensuring that these roles are subject to defined rules for departure or removal.
Landmark Judgements
No major landmark judgements.