Answer By law4u team
Constitution of India Article 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—
- Shall vacate his office if he ceases to be a member of the Council;
- 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;
- 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.
Brief Detail
Article 183 outlines the conditions under which the Chairman or Deputy Chairman of a Legislative Council may vacate their office. These include:
- Vacating the office upon ceasing to be a member of the Council.
- Resigning the office by writing a letter to the opposite official (Chairman to Deputy Chairman and vice versa).
- Being removed from office by a majority resolution passed in the Council, with a mandatory 14-day notice before the resolution is moved.
Question & Answers
Under what conditions can the Chairman or Deputy Chairman vacate their office?
The Chairman or Deputy Chairman vacates their office if they cease to be a member of the Legislative Council. They can also resign their position by submitting a written resignation to the opposite official.
How can the Chairman or Deputy Chairman be removed from office?
The Chairman or Deputy Chairman may be removed through a resolution passed by a majority of all the members of the Council. A minimum of fourteen days' notice must be given before moving such a resolution.
Example
For example, if a member holding the position of Chairman resigns, they would submit a written letter to the Deputy Chairman. Similarly, if the Chairman faces allegations and the Council wishes to remove them from office, a resolution would be moved after giving a fourteen-day notice, and if passed by the majority, the Chairman would be removed from office.
Summary
Article 183 ensures that the processes for the vacation, resignation, and removal of the Chairman and Deputy Chairman are clearly defined and that they are protected from arbitrary removal by requiring proper notice and majority support from the Council members.
