Part VI - The States • Article

Article 179 Simplified: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

Governs when a Speaker or Deputy Speaker must vacate their office (e.g. if they cease to be an MLA), how they can resign (by writing to each other), and how they can be removed via an Assembly resolution passed by a majority of all members after a mandatory 14-day notice.

Official Text

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.

Simple Meaning

Explain Like Ten

It explains how a Speaker or Deputy Speaker can leave their job, how they write to each other to resign, and that they can be removed if a majority of MLAs vote them out.

Student Mode

Specifies the grounds for vacation of office, resignation (Speaker to Deputy Speaker and vice versa), and removal of the Speaker and Deputy Speaker (by Assembly majority with 14 days' notice), plus their post-dissolution continuation.

Example

If a resolution to remove the Speaker of a State Assembly is proposed, a formal 14-day notice must be given first. During this time, the Speaker cannot preside, and the resolution must be passed by a majority of all the then-members of the Assembly to be successful.

Key Takeaway

Speakers and Deputy Speakers vacate office if they lose legislative membership, resign by writing to each other, or are removed by an Assembly resolution with a 14-day notice.

FAQs

When does a Speaker or Deputy Speaker automatically vacate their office?

They must vacate their office if they cease to be a member of the Legislative Assembly.

To whom does the Speaker address their resignation?

The Speaker resigns by writing under their hand addressed to the Deputy Speaker (and vice-versa).

What is the procedure for removing the Speaker or Deputy Speaker?

They can be removed by a resolution of the Assembly passed by a majority of all the then members, provided at least 14 days' notice has been given of the intention to move the resolution.

Does the Speaker vacate office when the Assembly is dissolved?

No, this is a key constitutional safeguard. Whenever the Assembly is dissolved, the Speaker does not vacate office until immediately before the first meeting of the new Assembly.

Quiz

To whom does the Speaker of the Legislative Assembly address their resignation letter?

Answer: The Deputy Speaker

How much advance notice is required to move a resolution to remove the Speaker or Deputy Speaker?

Answer: 14 days

What happens to the office of the Speaker when the Legislative Assembly is dissolved?

Answer: The Speaker continues in office until the first meeting of the new Assembly

What majority is required in the Assembly to remove the Speaker or Deputy Speaker?

Answer: A majority of all the then members of the Assembly