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Article 183 Of The Indian Constitution

article 183 of the indian constitution
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Article 183 of the Indian Constitution deals with the highest offices of the Legislative Council. It was framed keeping the Chairman and Deputy Chairman in mind. Legislative Councils in States are also known as the Vidhan Parishad.

The person in authority of this legislative body is the Chairman. Read along to find out  when does the provisions of Article 183 come to use and if there is any special procedure associated with it.

What Does Article 183 Of The Indian Constitution Talk About?

Article 183 is quoted in the Indian Constitution as follows:

183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.—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.

Analysing Article 183 Of The Indian Constitution

Article 183 of the Indian Constitution was put in place for the purpose of vacating, resigning, or removal of the Chairman and Deputy Chairman’s office in a Vidhan Parishad.

It contains three clauses which provides for constitutional provisions for the same. These provisions of Article 183 have been briefly explained below.

Clause (a) explains that any member who serves as the Chairman or the Deputy Chairman of the Vidhan Parishad can give up his position only when he is no longer the Parishad’s member. Vacation of seat is not possible while serving as a Parishad member.

The next clause (b) tells us the procedure to be followed for the resignation of the Chairman and the Deputy Chairman. For instance – In case the Chairman wants to resign from his office, he will have to pen down a letter addressed to the Deputy Chairman and vice-versa.

The final clause (c) talks about the Chairman and the Deputy Chairman’s process of removal from office. In cases when either of the two needs to be removed from their offices, the Council needs to introduce a resolution for discussion. This resolution is acceptable to be moved ahead only when majority of the members at that time of the Council approve of it. It should also be noted that the intention of resolution should be conveyed to the members 14 days in advance.

Summing Up

The Vidhan Parishad, or the Upper House of the State Legislature is headed by the Chairman. The Deputy Chairman serves as his subordinate.

Divide into three clauses, Article 183 of the Indian Constitution revolves around the vacation, resignation and dismissal of these two offices of the Legislative Council and the specifics of these are discussed under the clauses of the article.

Related Articles:

Article 90 Of The Indian Constitution 90th Amendment Of Indian Constitution
Article 117 Of The Indian Constitution Article 133 Of The Indian Constitution

FAQs

What Is The Other Name For State Legislative Council?

The Legislative Council of the State is also known as the Vidhan Parishad.

Who Presides Over The Legislative Council?

The Legislative Council is presided by the Chairman.

Which Clause As A Provision In Article 183 Of The Indian Constitution Is An Example Of A Simple Majority?

Clause (c) of Article 183 is an example of simple majority. According to this clause, the Chairman and the Deputy Chairman can be removed from their offices through a resolution passed by the Council. The approval of majority of the existing members of the body at that time makes the resolution effective to be moved ahead.

How Many Clauses Are There In Article 183 Of The Indian Constitution?

Article 183 contains three clauses, namely- clauses (a), (b), and (c).

To Which Article Of The Indian Constitution Does Article 182  Correspond To?

Article 182 corresponds to Article 90 of the Indian Constitution. Article 90 talks about the vacation, resignation, and removal of the Deputy Chairman of the Rajya Sabha.

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