Special Facts: The Speaker resigns to the Deputy Speaker, not the Governor.
Article 180
Subject/Topic: Power of the Deputy Speaker or other person to perform the duties of the office of Speaker.
Key Provision: When the Speaker’s office is vacant, the Deputy Speaker performs the duties.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: If both are absent, a member of the Assembly as determined by the rules performs the duties.
Keywords: Vacancy, Absence, Deputy Speaker.
Article 181
Subject/Topic: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
Key Provision: They cannot chair the meeting if their own removal is being discussed.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: They have the right to speak and take part, and can vote only in the first instance (but not in case of a tie).
Keywords: Not Preside, Removal Resolution, First Instance Vote.
Article 182
Subject/Topic: The Chairman and Deputy Chairman of the Legislative Council.
Key Provision: The Council shall choose two of its members to be Chairman and Deputy Chairman.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: Presiding officers for the Upper House (Vidhan Parishad).
Related Articles: Article 89 (Chairman/Deputy Chairman of Rajya Sabha).
Keywords: Chairman, Legislative Council.
Special Facts: Note that unlike the Rajya Sabha (where the VP of India is the Chairman), the State Council elects its own Chairman from its members.
Article 183
Subject/Topic: Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.
Key Provision: Rules for leaving the office of Chairman/Deputy Chairman.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: Resign by writing to each other; Removed by resolution with 14 days’ notice.
Keywords: Resignation, Removal, 14 Days.
Article 184
Subject/Topic: Power of the Deputy Chairman or other person to perform the duties of the office of Chairman.
Key Provision: If the Chairman’s office is vacant, the Deputy Chairman acts as Chairman.
Part of Constitution: Part VI (The States).
Related Amendments:null
Keywords: Vacancy, Deputy Chairman.
Special Facts: If both offices are vacant, the Governor may appoint a member of the Council to perform the duties.
Article 185
Subject/Topic: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.
Key Provision: Prevents the Chairman/Deputy Chairman of the Legislative Council from presiding over a sitting when their own removal is being discussed.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: Similar to Article 181; the officer has the right to speak and participate but can only vote in the first instance (not in a tie).
Exceptions/Limitations:null
Related Articles: Article 181 (Speaker/Deputy Speaker), Article 92 (Chairman of Rajya Sabha).
Keywords: Not Preside, Removal Resolution, Legislative Council.
Articles in News:null
Special Facts: Ensures impartial conduct during a motion of no-confidence against the chair.
Article 186
Subject/Topic: Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.
Key Provision: Salaries for the presiding officers are fixed by the State Legislature by law.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: These salaries are charged on the Consolidated Fund of the State (not subject to vote).
Related Articles: Article 97 (Salaries for Parliament officers).
Keywords: Salaries, Consolidated Fund of the State, Fixed by Law.
Special Facts: If no law is made by the State, the salaries are as specified in the Second Schedule.
Article 187
Subject/Topic: Secretariat of State Legislature.
Key Provision: Every House of the State Legislature shall have its own separate secretarial staff.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: The State Legislature may regulate the recruitment and conditions of service of the secretarial staff.
Keywords: Secretariat, Separate Staff, Recruitment Rules.
Special Facts: Protects the independence of the Legislature from the Executive branch’s administrative control.
Article 188
Subject/Topic: Oath or affirmation by members.
Key Provision: Every member of the Legislative Assembly or Council must take an oath before the Governor (or their appointee) before taking their seat.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: Members swear to bear true faith and allegiance to the Constitution of India.
Exceptions/Limitations: A member cannot vote or participate in proceedings until the oath is taken.
Related Articles: Article 99 (Oath for MPs), Article 193 (Penalty for sitting without oath).
Keywords: Oath, Governor, Allegiance.
Special Facts: The format of the oath is provided in the Third Schedule.
Article 189
Subject/Topic: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Key Provision: All questions are decided by a majority of votes; defines the Quorum (minimum members required to hold a meeting).
Part of Constitution: Part VI (The States).
Related Amendments:42nd Amendment (1976) tried to remove the quorum requirement, but the 44th Amendment (1978) restored it.
Important Features:
Quorum: 10 members or 1/10th of total strength (whichever is greater).
Speaker/Chairman does not vote in the first instance but has a Casting Vote in case of a tie.
Keywords: Quorum, Casting Vote, 1/10th Strength.
Special Facts: If there is no quorum, it is the duty of the presiding officer to adjourn or suspend the meeting.
Article 190
Subject/Topic: Vacation of seats.
Key Provision: Lists situations where a member’s seat becomes vacant (e.g., dual membership, resignation, absence).
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features:
A member cannot be in both Houses (Assembly and Council).
Seat becomes vacant if a member is absent for 60 days without permission.
Keywords: Dual Membership, Resignation, 60 Days Absence.
Special Facts: Resignation must be accepted by the Speaker/Chairman; they can refuse it if it’s not voluntary or genuine.
Article 191
Subject/Topic: Disqualifications for membership.
Key Provision: Lists grounds for disqualifying a member of the State Legislature.
Part of Constitution: Part VI (The States).
Related Amendments:52nd Amendment (1985): Added disqualification on grounds of Defection (Tenth Schedule).
Important Features: Grounds include: (a) Office of Profit; (b) Unsound mind; (c) Undischarged insolvent; (d) Not a citizen; (e) Disqualified by Parliament law (RPA 1951).
Related Articles: Article 102 (Disqualifications for MPs).
Keywords: Office of Profit, Insolvent, Defection, Tenth Schedule.
Articles in News: Frequent disqualification cases under the Anti-Defection law.
Article 192
Subject/Topic: Decision on questions as to disqualifications of members.
Key Provision: The Governor decides on disqualifications listed in Article 191.
Part of Constitution: Part VI (The States).
Related Amendments:null
Important Features: The Governor must obtain the opinion of the Election Commission and act according to it.
Exceptions/Limitations: Disqualification on grounds of Defection (Tenth Schedule) is decided by the Speaker/Chairman, not the Governor.
Special Facts: Unlike the Rajya Sabha (which can force a joint sitting), the Vidhan Parishad only has a suspensive veto. The Assembly ultimately prevails.
Article 198
Subject/Topic: Special procedure in respect of Money Bills.
Key Provision: Money Bills cannot be introduced in the Legislative Council.
Important Features: After being passed by the Assembly, the Council must return the Bill within 14 days with or without recommendations.
Exceptions/Limitations: The Assembly can accept or reject any recommendations; the Bill is then deemed passed by both Houses.
Keywords: 14 Days, No Introduction in Council, Recommendations.
Article 199
Subject/Topic: Definition of “Money Bills”.
Key Provision: Lists specific matters like taxation, borrowing, and the Consolidated Fund that qualify a Bill as a “Money Bill.”
Important Features: The Speaker of the Legislative Assembly has the final authority to decide if a Bill is a Money Bill.
Related Articles: Article 110 (Definition of Money Bill in Parliament).