Actual Article
Article 178: Speaker and Deputy Speaker of the Legislative Assembly
- The Legislative Assembly of each 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.
UPSC Notes for Article 178
Explanation:
- Election of Speaker and Deputy Speaker:
- Article 178 mandates that the Legislative Assembly of each State must elect from among its members a Speaker and a Deputy Speaker. This election should occur as soon as possible after the Assembly convenes.
- Vacancy and Re-election:
- Whenever there is a vacancy in the offices of either the Speaker or Deputy Speaker, the Assembly is required to elect a replacement without undue delay. This ensures continuity in the legislative leadership and proper functioning of the Assembly.
Key Points:
- Role of Speaker: The Speaker presides over the Assembly sessions, ensuring that proceedings are conducted in an orderly manner, maintaining parliamentary decorum, and interpreting the rules of the house. The Speaker also has a casting vote in the case of a tie.
- Role of Deputy Speaker: The Deputy Speaker serves as the presiding officer in the absence of the Speaker and takes on all the ceremonial and administrative responsibilities of the Speaker when required.
Important Cases and Commissions Related to Article 178
Cases:
- No specific landmark cases directly interpreting Article 178, as it involves procedural internal matters of state legislatures that typically do not lead to judicial review.
Commissions:
- Administrative Reforms Commission: While not specifically addressing Article 178, has recommended practices that enhance the democratic functioning of legislative bodies, including the roles of speakers and deputy speakers.
Important Reports:
- Law Commission Reports: Although not specific to Article 178, have discussed legislative practices and procedures to optimize the effectiveness and fairness of legislative bodies, indirectly impacting the roles of the Speaker and Deputy Speaker.
Previous Year Prelims Questions Related to Article 178
- (UPSC Prelims 2016) Who elects the Speaker and the Deputy Speaker of the Legislative Assembly?
- A. The Governor
- B. The Chief Minister
- C. The members of the Legislative Assembly
- D. The members of the Legislative Council Correct Answer: C. The members of the Legislative Assembly
- (UPSC Prelims 2018) What happens when the position of the Speaker of the Legislative Assembly becomes vacant?
- A. The Governor appoints a temporary Speaker
- B. The Chief Minister nominates a Speaker
- C. The Assembly elects a new Speaker
- D. The Deputy Speaker automatically becomes the Speaker Correct Answer: C. The Assembly elects a new Speaker
Previous Year Mains Questions Related to Article 178
- Mains 2016: “Examine the roles and responsibilities of the Speaker and the Deputy Speaker as per Article 178. How do they ensure the smooth functioning of the Legislative Assembly?”
- Mains 2019: “Discuss the importance of the positions of Speaker and Deputy Speaker in maintaining legislative integrity and decorum as outlined in Article 178.”
Additional Insights:
- Legislative Integrity and Order: The Speaker and Deputy Speaker play critical roles in maintaining the integrity and order of legislative proceedings, facilitating effective and efficient law-making.
- Impartiality and Leadership: Their leadership is crucial in setting the tone for non-partisan and fair debate, crucial for democratic deliberation and decision-making.
Understanding Article 178 is crucial for UPSC aspirants as it provides insights into the leadership structure of state legislative assemblies, emphasizing the democratic principles of elected leadership and procedural integrity. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the governance processes within state legislatures.