Constitution of India · Section Article 185
The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
Article 185 — The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
- The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.—(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.
Plain English Summary
This article sets a rule for the Chairman and Deputy Chairman of the Legislative Council. It states that if a motion is being discussed to remove either the Chairman or the Deputy Chairman, they cannot preside over the meeting. The Chairman retains the right to speak and vote on such removal resolutions.
Key Points
- The Chairman cannot preside when a resolution for his own removal is under consideration.
- The Deputy Chairman cannot preside when a resolution for his own removal is under consideration.
- The provisions regarding absence from the sitting apply in the same way as if the Chairman or Deputy Chairman were absent.
- The Chairman can speak and participate in the proceedings concerning his removal but can only vote on it once initially.
Why It Matters
This ensures a fair and impartial process when the leadership of the Legislative Council is being challenged, preventing any conflict of interest during such sensitive discussions.
Landmark Judgements
No major landmark judgements.