Article 178-187 Indian Constitution 1949 (with amendments)

21 Jan, 2022 indian constitution 1949 0 Comments 0

Preamble Article 1-4 (THE UNION AND ITS TERRITORY) Article 5-11 (CITIZENSHIP) Article 12-13 (General) Article 14-18 (Right to Equality) Article 19-22 (Right to Freedom) Article 23-24 (Right against Exploitation) Article 25-28 (Right to Freedom of Religion) Article 29-31 (Cultural and Educational Rights) Article 31A-31D (Saving of Certain Laws) Article 32-35 (Right to Constitutional Remedies) Article 36-43B Article 44-51 Article 51A (Fundamental duties) Article 52-61 Article 62-71 Article 72-78 Article 79-88 Article 89-98 (Officers of Parliament) Article 99-100 (Conduct of Business) Article 101-104 (Disqualifications of Members) Article 105-106 (Powers, Privileges and Immunities of Parliament and its Member) Article 107-111 (Legislative Procedure) Article 112-117 (Procedure in Financial Matters) Article 118-122 (Procedure Generally) Article 123 (Power of President to promulgate Ordinances during recess of Parliament) Article 124-131A Article 132-139A Article 140-147 Article 148-151 (COMPTROLLER AND AUDITOR-GENERAL OF INDIA) Article 152-162 Article 163-167 Article 168-177 (THE STATE LEGISLATURE – General) Article 178-187 (Officers of the State Legislature) Article 188-195 Article 196-201 (Legislative Procedure) Article 202-207 (Procedure in Financial Matters) Article 208-212 (Procedure Generally ) Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature) Article 214-223 Article 224-232 Article 233-237 (SUBORDINATE COURTS ) Article 238-242 Article 243-243G Article 243H-243O Article 243P-243Y Article 243Z-243ZG Article 243ZH-243ZT Article 244-244A (THE SCHEDULED AND TRIBAL AREAS) Article 245-255 (Distribution of Legislative Powers) Article 256-263 Article 264-267 (FINANCE – General) Article 268-281 (Distribution of Revenues between the Union and the States) Article 282-291 (Miscellaneous financial provisions) Article 292-293 (BORROWING) Article 294-300 (Miscellaneous financial provisions) Article 300A-307 Article 308-314 Article 315-323 Article 323A-329A (TRIBUNALS) Article 330-336 (Miscellaneous financial provisions) Article 337-342A (Miscellaneous financial provisions) Article 343-351 (OFFICIAL LANGUAGE) Article 352-360 (EMERGENCY PROVISIONS) Article 361-367 (MISCELLANEOUS) Article 368-371J Article 372-392 Article 393-395 First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Seventh Schedule Eighth Schedule Ninth Schedule Tenth Schedule Eleventh Schedule Twelfth Schedule Appendix I-IV (Not available)

Article 178-187 Indian Constitution 1949

Table of Contents

Article 178, 179, 180, 181, 182, 183, 184, 185, 186, and 187 of the Constitution of India 1949, are under Officers of the State Legislature of Chapter III (THE STATE LEGISLATURE) of Part VI of the Constitution. Part VI is titled ‘THE STATES’.

Article 178 Indian Constitution 1949

The Speaker and Deputy Speaker of the Legislative Assembly

Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Article 179 Indian Constitution 1949

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.

Article 180 Indian Constitution 1949

Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

(1) While the office of Speaker is vacant, the duties of the office shall be performed by the
Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

Article 181 Indian Constitution 1949

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.

Article 182 Indian Constitution 1949

The Chairman and Deputy Chairman of the Legislative Council

The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

Article 183 Indian Constitution 1949

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.

Article 184 Indian Constitution 1949

Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

(1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as the Governor may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.

Article 185 Indian Constitution 1949

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.

Article 186 Indian Constitution 1949

Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

Article 187 Indian Constitution 1949

Secretariat of State Legislature

(1) The House or each House of the Legislature of a State shall have a separate secretarial staff:
Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature.

(2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State.

(3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after
consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause.

See also:

Article 168-177 Indian Constitution 1949 (General – THE STATE LEGISLATURE)

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