Part VI - The States • Article

Article 181 Simplified: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

Prohibits the Speaker or Deputy Speaker from presiding over the Legislative Assembly while a resolution for their removal is under consideration. However, they retain the right to speak and vote as a member in the first instance, but do not have a casting vote in case of a tie.

Official Text

(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Simple Meaning

Explain Like Ten

If the lawmakers are voting on whether to fire the Speaker, the Speaker cannot run the meeting. They can sit with the others, defend themselves, and vote once, but they cannot make the final decision in a tie.

Student Mode

Mandates that the Speaker or Deputy Speaker cannot preside over the Assembly while a resolution for their removal is under consideration. It preserves their right to speak and vote in the first instance, but strips them of their tie-breaking casting vote.

Example

When the Assembly is debating a resolution to remove the Speaker, the Speaker must sit among the ordinary MLAs and cannot preside over the session (which is chaired by the Deputy Speaker or another member). The Speaker can speak in defense and vote as an ordinary MLA, but if the vote is a tie, they cannot cast a tie-breaking vote.

Key Takeaway

Presiding officers cannot chair Assembly sessions when their own removal is being debated, ensuring an impartial removal process.

FAQs

Can the Speaker preside over the Assembly while their removal resolution is being debated?

No. The Speaker is constitutionally barred from presiding, even if present. The Deputy Speaker or another member must chair the session.

Does the Speaker have the right to speak during their removal proceedings?

Yes. The Speaker has the right to speak in and take part in the proceedings of the Assembly while the resolution for removal is under consideration.

How does the Speaker's voting right change during their removal proceedings?

They can vote only in the first instance (like a regular member) but lose the casting vote (tie-breaker) that a presiding officer normally holds under Article 189.

Why does the Speaker lose their casting vote under Article 181?

To prevent conflict of interest, ensuring the Speaker cannot use a casting vote to save themselves in the event of a tied vote on their removal resolution.

Quiz

While a resolution for the removal of the Speaker is under consideration, the Speaker:

Answer: Cannot preside but has the right to speak and vote in the first instance

Under Article 181, on which matter is the Speaker NOT entitled to vote during their removal proceedings?

Answer: A casting vote in case of an equality of votes

Who presides when a resolution for the removal of the Deputy Speaker is under consideration?

Answer: The Speaker

Which article's voting provisions are modified by Article 181(2) regarding the Speaker's vote?

Answer: Article 189