Part VI - The States • Article

Article 185 Simplified: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

Prohibits the Chairman or Deputy Chairman of the Legislative Council from presiding over the Council while a resolution for their removal is under consideration. They retain the right to speak and participate in the proceedings, and can vote in the first instance, but cannot exercise a tie-breaking casting vote.

Official Text

(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 184 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman or, as the case may be, the Deputy Chairman is absent. (2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Council while any resolution for his removal from office is under consideration in the Council 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 Council is voting on whether to fire the Chairman, the Chairman cannot run the meeting. They can participate and vote once, but they cannot break a tie.

Student Mode

Mandates that the Council Chairman or Deputy Chairman cannot preside over the Council while a removal resolution against them is under consideration, limiting them to first-instance voting and removing their casting vote.

Example

During a Council debate regarding a resolution to remove the Chairman, the Chairman cannot preside and must step down from the chair. The Chairman can participate in the debate and vote, but has no casting vote if the votes for and against removal are equal.

Key Takeaway

Legislative Council presiding officers cannot chair sessions when their own removal is under consideration, ensuring fairness.

FAQs

Can the Chairman preside over the Council while their removal is being discussed?

No. The Chairman is constitutionally barred from presiding during the removal resolution debate, even if present.

What are the Chairman's voting rights during their removal proceedings?

The Chairman can vote only in the first instance (like an ordinary member) but has no casting vote in case of a tie.

Can the Chairman speak in the Council during their removal proceedings?

Yes, they have the right to speak and take part in the proceedings while the resolution for their removal is under consideration.

Quiz

While a resolution for the removal of the Chairman is under consideration in the Legislative Council, the Chairman:

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

Under Article 185, on which matter is the Chairman NOT entitled to vote during their removal proceedings?

Answer: A casting vote in case of a tie

Who presides over the Council when a resolution to remove the Chairman is active?

Answer: The Deputy Chairman