Actual Article
Article 181: Vacation and resignation of, and removal from, the offices of Deputy Speaker and Chairman
A member holding office as Deputy Speaker of the Legislative Assembly, or as the Chairman or Deputy Chairman of the Legislative Council of a State:
- (a) shall vacate his office if he ceases to be a member of the House;
- (b) may at any time by writing under his hand addressed to the Speaker or the Chairman, as the case may be, resign his office; and
- (c) may be removed from his office by a resolution of the House passed by a majority of all the then members of the House:
- 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 181
Explanation:
- Vacation of Office: The Deputy Speaker of the Legislative Assembly or the Chairman/Deputy Chairman of the Legislative Council must vacate their office if they are no longer members of their respective Houses. This ensures that only current members can occupy these key legislative leadership roles.
- Resignation: These officials can resign by submitting a written notice to the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, providing a formal method for voluntary departure from office.
- Removal: They may also be removed from office through a formal resolution passed by a majority of all the current members of the respective House. This process includes a procedural safeguard requiring at least fourteen days’ notice before the resolution can be moved, ensuring due process and fairness.
Key Points:
- Ensuring Active Membership: The requirement to vacate office upon ceasing to be a member maintains the integrity of the legislative leadership roles, ensuring they are filled by actively engaged members of the legislature.
- Democratic Process for Removal: The provision for removal by a House resolution, along with the requirement for advance notice, underscores the democratic nature of these offices, allowing for oversight and accountability of leadership positions within the legislative body.
Important Cases and Commissions Related to Article 181
Cases:
- No specific landmark cases interpreting Article 181 have been noted as it primarily involves internal procedural matters of the state legislatures.
Commissions:
- Administrative Reforms Commission: Although not specifically addressing Article 181, it has emphasized the need for clear procedures for the accountability of legislative officers to enhance governance.
Important Reports:
- Law Commission Reports: These often recommend improvements to procedural aspects of governance, including those related to the offices mentioned in Article 181, aiming to enhance transparency and accountability in legislative processes.
Previous Year Prelims Questions Related to Article 181
- (UPSC Prelims 2016) What is required for the removal of the Deputy Speaker of a Legislative Assembly?
- A. Simple majority of the members present and voting
- B. Two-thirds majority of the members present and voting
- C. Majority of all the then members of the Assembly
- D. Approval by the Governor Correct Answer: C. Majority of all the then members of the Assembly
- (UPSC Prelims 2018) How can the Chairman of the Legislative Council resign?
- A. By notifying the Chief Minister
- B. By a public announcement
- C. By writing under his hand addressed to the Speaker
- D. By writing under his hand addressed to the Chairman Correct Answer: D. By writing under his hand addressed to the Chairman
Previous Year Mains Questions Related to Article 181
- Mains 2016: “Discuss the provisions of Article 181 related to the vacation, resignation, and removal of the Deputy Speaker of the Legislative Assembly and the Chairman of the Legislative Council. How do these provisions ensure proper functioning of the legislative bodies?”
- Mains 2019: “Evaluate the impact of the procedural requirements under Article 181 on the stability and accountability of legislative leadership positions in state legislatures.”
Additional Insights:
- Stability and Continuity: Article 181 helps maintain stability and continuity in the legislative process by ensuring that key positions are held by members committed to their roles and responsibilities.
- Accountability and Transparency: The structured process for resignation and removal fosters accountability and transparency, critical for upholding the integrity of legislative leadership.
Understanding Article 181 is crucial for UPSC aspirants as it delineates the rules governing the office tenure of key legislative positions, underscoring the principles of accountability and procedural integrity in state governance. This knowledge is essential for both preliminary and main examinations, offering insights into governance practices within state legislatures.