Article 184 Of The Indian Constitution

Article 184 of the Indian Constitution accords power to the Deputy Chairman or any individual to act as the Chairman in his absence.

In the Legislative Council of the States, the Chairman serves as the presiding officer. He is the highest authority of the office in whose hands the power structure resides.

Have you ever wondered what is the course of action in his absence from office? Who presides in his position and fulfils his roles and responsibilities? Or who has the power to appoint any such person to act in the Chairman’s place?

Read on to find the answers to these questions that come to mind.

Article 184 of the Indian Constitution tells us about the power that is accorded to the Deputy Chairman or any suitable individual to act as the Chairman and fulfil the duties of his office in his absence. The following paragraphs throws light on the above-mentioned questions and explores the topic in details.

What Does Article 184 Of The Indian Constitution Say?

Article 184 of the Indian Constitution is quoted in the Constitution as follows:

“184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

(1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the council as the Governor may appoint for the purpose.

(2) During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman.”

Explanation Of Article 184 Of The Indian Constitution

Article 184 of the India Constitution explains in details the process of rendering of duty in the absence of the Chairman in the State Legislative Council or the Vidhan Parishad. The Deputy Chairman or any other individual is to act on his behalf and fulfil his share of roles and responsibilities. 

Let us look at the provisions provided by the clauses one by one to understand them better.

Clause (1) provides that in situations wherein the office of the Chairman is left unattended, the immediate authority to perform his duties is passed down to the Deputy Chairman. If the office of the Deputy Chairman remains vacant as well, then the Governor may appoint a member from within the Council who shall be bestowed with the roles and responsibilities of the office of the Chairman.

Clause (2) also renders special powers to the Deputy Chairman or any member in the absence of the Chairman. If the Chairman, due to absenteeism fails to serve as the head of any sitting of the Council, then the Deputy Chairman shall preside in his place. In case the Deputy Chairman is absent as well, then the rules of procedure of the Council must be used to appoint any such member who can substitute for the Chairman along with the Deputy Chairman. Further, if no such person is present, then the Council must hold a discussion to appoint a member to act as the Chairman in his place.

Summing Up

In a nutshell, we learnt through the two clauses of Article 184 that in the absence of the Chairman, the immediate in line of power is the Deputy Chairman. In the latter’s absence, the Governor appoints an individual from the Council itself to fulfil all the duties of the two highest offices of the State Legislative Council or the Vidhan Parishad.

In addition to that, the Deputy Chairman presides over sittings of the Council when the Chairman is not available. The Rules of Procedure of the Council is adhered to put a Council member to power when the Deputy Chairman’s office is in a state of vacancy.

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