Actual Article
Article 179: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy Speaker of a Legislative 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 to the Deputy Speaker or to the Speaker, as the case may be, 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.
UPSC Notes for Article 179
Explanation:
- Vacation of Office: The Speaker or Deputy Speaker must vacate their office if they cease to be a member of the Legislative Assembly. This ensures that only current members can hold these critical positions.
- Resignation: Either the Speaker or the Deputy Speaker can resign at any time by submitting a written notice to the other. This provision allows for personal discretion in continuing to hold office.
- Removal: The Speaker or Deputy Speaker can be removed by a resolution of the Assembly, which requires a majority of all its members. This process is safeguarded by a requirement for at least fourteen days’ notice before the resolution can be moved, ensuring due process and giving time for discussion and potential resolution of any issues leading to the proposed removal.
Key Points:
- Stability and Integrity: These provisions help maintain the stability and integrity of the legislative process by ensuring that the roles of Speaker and Deputy Speaker are held by members in good standing and committed to their roles.
- Democratic Process: The removal process underscores the democratic nature of these offices, allowing the legislative body to make changes in its leadership through a formal and transparent process.
Important Cases and Commissions Related to Article 179
Cases:
- No specific landmark cases directly interpreting Article 179 have been identified, as it pertains more to procedural and internal matters of state legislatures.
Commissions:
- Administrative Reforms Commission: Recommendations on the functioning of legislative bodies occasionally touch on leadership roles, advocating for clear and fair processes for the appointment and removal of key officials to enhance governance.
Important Reports:
- Law Commission Reports: While they often focus on broader electoral and procedural reforms, they implicitly support the principles of fair process and democratic governance as outlined in Article 179.
Previous Year Prelims Questions Related to Article 179
- (UPSC Prelims 2016) Under which condition must the Speaker of a Legislative Assembly vacate his office?
- A. If he decides to join another political party
- B. If he ceases to be a member of the Assembly
- C. If a majority of members no longer support him
- D. All of the above Correct Answer: B. If he ceases to be a member of the Assembly
- (UPSC Prelims 2018) What is required for the removal of the Speaker of the Legislative Assembly?
- A. A simple majority of the members present and voting
- B. A two-thirds majority of the members present and voting
- C. A majority of all the then members of the Assembly
- D. Unanimous consent of all members Correct Answer: C. A majority of all the then members of the Assembly
Previous Year Mains Questions Related to Article 179
- Mains 2016: “Discuss the conditions under which the Speaker and Deputy Speaker of a Legislative Assembly may be removed according to Article 179. What does this suggest about the democratic values inherent in the legislative process?”
- Mains 2019: “Analyze the provisions for resignation and removal of the Speaker and Deputy Speaker in state legislatures as per Article 179. How do these provisions ensure stability and accountability?”
Additional Insights:
- Leadership Accountability: The provisions of Article 179 ensure that the leadership of the Legislative Assembly is held accountable to the members of the Assembly, reinforcing the democratic ethos that underpins state governance.
- Flexibility and Control: By allowing for resignation and providing a clear process for removal, the article balances the need for stable leadership with the flexibility to adapt to changing circumstances or issues of confidence.
Understanding Article 179 is crucial for UPSC aspirants as it details the mechanisms for maintaining or altering leadership within state legislatures, reflecting the principles of accountability and democratic governance. This knowledge is essential for both preliminary and main examinations, offering insights into the checks and balances that characterize the operation of state legislative bodies.