Actual Article
Article 183: Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman
A member holding office as Chairman or Deputy Chairman of the 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 to the Deputy Chairman or to the Chairman, as the case may be, 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.
UPSC Notes for Article 183
Explanation:
- Vacation of Office: The Chairman or Deputy Chairman must vacate their office if they cease to be a member of the Legislative Council. This condition ensures that only current members can hold these significant positions.
- Resignation: Both the Chairman and the Deputy Chairman have the right to resign from their positions at any time, which they can do by submitting a written notice to the corresponding office holder, facilitating a formal and clear process for voluntary departure.
- Removal: They can be removed from their positions through a resolution passed by a majority of the entire membership of the Council. Importantly, such a resolution requires at least a fourteen-day notice before it can be moved, allowing adequate time for deliberation and discussion.
Key Points:
- Ensuring Active Membership: The requirement that office holders vacate their positions upon losing membership helps maintain the integrity of the leadership roles within the Council.
- Democratic Process for Removal: The stipulation for a majority vote following a notice period underscores the democratic nature of these positions, permitting oversight and accountability of leadership within the Council.
Important Cases and Commissions Related to Article 183
Cases:
- No specific landmark cases interpreting Article 183, as it primarily involves internal procedural matters of state legislatures.
Commissions:
- Administrative Reforms Commission: Although not specifically addressing Article 183, has recommended practices to enhance the efficiency and accountability of legislative leadership, aligning with the principles of this article.
Previous Year Prelims Questions Related to Article 183
- (UPSC Prelims 2016) Under what condition must the Chairman of the Legislative Council vacate his office?
- A. Loss of majority support in the Council
- B. On appointment to a ministerial position
- C. If he ceases to be a member of the Council
- D. At the directive of the Governor Correct Answer: C. If he ceases to be a member of the Council
- (UPSC Prelims 2018) How can the Deputy Chairman of the Legislative Council be removed?
- A. By a simple majority of the members present and voting
- B. By a majority of all the then members of the Council
- C. By a two-thirds majority of the Council
- D. By gubernatorial decree Correct Answer: B. By a majority of all the then members of the Council
Previous Year Mains Questions Related to Article 183
- Mains 2016: “Discuss the mechanisms under Article 183 for the vacation, resignation, and removal of the Chairman and Deputy Chairman of the Legislative Council. What do these mechanisms indicate about the democratic principles of state governance?”
- Mains 2019: “Evaluate the importance of the provisions for removing the Chairman or Deputy Chairman of a Legislative Council as outlined in Article 183. How do these provisions ensure stability and accountability in legislative processes?”
Additional Insights:
- Stability and Continuity: Article 183 helps maintain stability and continuity in the Council’s leadership 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 promotes accountability and transparency, critical for maintaining the integrity of legislative leadership.
Understanding Article 183 is crucial for UPSC aspirants as it provides a detailed framework for managing the tenure of key legislative positions within state Legislative Councils, emphasizing the principles of accountability and procedural integrity. This knowledge is essential for both preliminary and main examinations, offering insights into the governance processes within state legislatures.