Answer By law4u team
Constitution of India Article 179: Vacation and Resignation of, and Removal from, the Offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy Speaker of an Assembly—
- (a) shall vacate his office if he ceases to be a member of the Assembly;
- (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office;
- (c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: 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.
Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
Brief Detail
Article 179 specifies the circumstances under which the Speaker or Deputy Speaker of a Legislative Assembly must vacate their office, resign, or can be removed. These provisions help maintain stability and order in the functioning of the legislative body.
Question & Answers
When does a Speaker or Deputy Speaker vacate their office?
A Speaker or Deputy Speaker must vacate their office if they cease to be a member of the Assembly.
How can a Speaker or Deputy Speaker resign from their position?
A Speaker or Deputy Speaker may resign by writing a letter addressed to the other person (Speaker to Deputy Speaker and vice versa) indicating their intention to resign.
How can a Speaker or Deputy Speaker be removed from office?
A Speaker or Deputy Speaker can be removed from office through a resolution passed by a majority of the members in the Assembly. However, a 14-day notice must be given before moving such a resolution.
Example
For example, if the Speaker of a Legislative Assembly decides to resign, they must submit a resignation letter to the Deputy Speaker. Additionally, if the Assembly wants to remove the Speaker, a resolution with 14 days' notice would need to be passed by the majority of members.
Summary
Article 179 provides clear guidelines on how the offices of Speaker and Deputy Speaker can be vacated, resigned from, or removed. These rules ensure that the functioning of the legislative body remains efficient and orderly.
