Part VI - The States • Article

Article 183 Simplified: Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

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

Official Text

A member holding office as Chairman or Deputy Chairman of a 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, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, 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.

Simple Meaning

Explain Like Ten

It tells us how a Council leader can leave or be removed from their job. They resign by writing to each other, and can be removed if a majority of Council members vote them out after a 14-day notice.

Student Mode

Outlines the constitutional rules for the vacation of office, resignation (addressed to each other), and removal (by a majority of all the then members of the Council after a 14-day notice) of the Council Chairman and Deputy Chairman.

Example

If the Chairman of a Legislative Council decides to step down, they address their resignation letter to the Deputy Chairman. If a political coalition seeks to remove the Chairman, they must submit a formal 14-day notice before moving the removal resolution in the Council.

Key Takeaway

The Council Chairman and Deputy Chairman vacate office upon losing membership, resign by writing to each other, or are removed via a majority resolution with a 14-day notice.

FAQs

What causes the Chairman of the Legislative Council to vacate office?

They must vacate their office if they cease to be a member of the Legislative Council (MLC).

To whom does the Chairman of the Legislative Council address their resignation?

The Chairman addresses their resignation letter to the Deputy Chairman (and vice-versa).

What is the procedure for removing the Chairman of the Legislative Council?

The Council must pass a resolution by a majority of all the then members of the Council, after giving at least 14 days' notice of the intention to move the resolution.

Does the Chairman of the Legislative Council vacate office when the Legislative Assembly is dissolved?

No. The Legislative Council is a permanent body not subject to dissolution, so its officers' tenure is independent of Assembly elections.

Quiz

The Chairman of the Legislative Council addresses their resignation to the:

Answer: Deputy Chairman of the Council

To remove the Chairman or Deputy Chairman of a Legislative Council, the resolution must be passed by:

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

What is the mandatory notice period required before moving a resolution to remove the Council Chairman?

Answer: 14 days

Unlike the Speaker of the Assembly, the Chairman of the Legislative Council does not face office termination due to:

Answer: Dissolution of the Legislative Assembly