Article 179 of Constitution of India – Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
Article 179 of Constitution of India deals with Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
Original Text of Article 179 of Constitution of India
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.
Questions related to Article 178 of Constitution of India
Article 179 outlines the conditions under which the Speaker or Deputy Speaker of a State Legislative Assembly vacates office, resigns, or is removed, as defined by the Constitution of India.
They can resign in writing to the other, meaning the Speaker submits the resignation to the Deputy Speaker and vice versa, as specified under Article 179 of the Indian Constitution.
They can be removed by a resolution passed by the Assembly. However, 14 days’ notice must be given before moving such a resolution, as upheld in various judgments on Indian Kanoon.
Yes, the Speaker continues until the first meeting of the new Assembly, ensuring constitutional continuity, a provision clarified through Articles of Indian Constitution and legal interpretations.
You can explore Indian Kanoon to find key case laws and constitutional debates related to Speaker removal, resignation, and powers under Article 179 of the Indian Constitution.
For Further Reference:
Other Related Links:
