Article 179 Of The Indian Constitution

Article 179 of the Indian Constitution outlines the provisions for vacating office, resigning from office, and being removed from office for both the Speaker and the Deputy Speaker.

The constitutional provisions of this article state that a motion for the removal of a Speaker or Deputy Speaker can be moved only if it is supported by a majority of all members of the House.

This page provides you with a thorough understanding of Article 179’s provisions and aids in your comprehension of its main points.

Provisions Of Article 179 Of The Indian Constitution

Article 179 of the Indian Constitution deals with the vacation, resignation, and removal from office of both the Speaker and Deputy Speaker.

An assembly member who serves as the speaker or deputy speaker—

(a) is required to step down from his position if he is no longer a member of the Assembly;

(b) has the ability to resign from his position at any time by submitting a letter of resignation written under his own hand and addressing it, if the member is the Speaker, to the Deputy Speaker, and if the member is the Deputy Speaker, to the Speaker; and

(c) may be ousted from his position if a resolution is passed by the Assembly and received support from a majority of the members of the Assembly at the time the resolution was passed:

A resolution for the objectives of clause (c) may not be introduced without first giving at least 14 days notice of the intention to introduce the resolution:

With the additional caveat that, in the event of a dissolution of the Assembly, the Speaker must remain in office until just before the first assembly meeting following the dissolution.

Is Article 179 (c) Limits The Speaker’s Authority?

According to clause “c” of Article 179, a notice period of 14 days is required to bring such a resolution forward. As a result, the Speaker’s authority is constrained, and once a motion of this kind has been proposed, the Speaker is unable to exclude anyone from consideration.

Conclusion

The Speaker or Deputy Speaker may be dismissed in accordance with Article 179. In the recent case of Keisham Meghachandra Singh v. the Hon’ble Speaker Manipur Legislative Assembly & Ors. (2020), the Supreme Court made a key recommendation about the Speaker’s powers of disqualification. The Court was making a decision regarding the Tenth Schedule’s provision that disqualifies Members of the Legislative Assembly (MLAs) from serving in the Manipur Legislative Assembly.

FAQs On Article 179