Article 181 of Constitution of India – The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
Article 181 of Constitution of India deals with The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
Original Text of Article 181 of Constitution of India
(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
Questions related to Article 181 of Constitution of India
Article 181 says that the Speaker or Deputy Speaker of a State Legislative Assembly cannot preside over the House while a resolution for their removal is under consideration. This ensures neutrality, as per the Constitution of India.
Another member of the Assembly, nominated by the House, presides over the session during that time. This is in accordance with Article 181 of the Indian Constitution and detailed in cases on Indian Kanoon.
Yes, they can take part in proceedings and vote, but only in their capacity as a member—not as the presiding officer—under the Articles of Indian Constitution.
This rule ensures a fair and impartial discussion, avoiding any conflict of interest, a principle supported in various rulings available on Indian Kanoon.
You can explore Indian Kanoon to read case laws and legislative debates that deal with removal motions, procedural fairness, and the role of the Speaker under Article 181 of the Indian Constitution.
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