Article 182 of Indian Constitution: The Chairman and Deputy Chairman of the Legislative Council

12/20/20233 min read

flag hanging on pole
flag hanging on pole

Introduction

The Indian Constitution is a comprehensive document that outlines the structure and functioning of the government in India. Article 182 of the Constitution specifically deals with the roles and responsibilities of the Chairman and Deputy Chairman of the Legislative Council. The Legislative Council is the upper house of the state legislature in certain states of India.

Role of the Chairman

The Chairman of the Legislative Council is the presiding officer of the house. The position of the Chairman is vital as they are responsible for maintaining order and decorum during the proceedings. They play a crucial role in ensuring that the legislative process is conducted smoothly and efficiently.

Some of the key responsibilities of the Chairman include:

  1. Presiding over the sessions of the Legislative Council: The Chairman is responsible for conducting the sessions of the Legislative Council. They decide the agenda and ensure that the discussions and debates are carried out in an orderly manner.
  2. Interpreting the rules of procedure: The Chairman has the authority to interpret the rules of procedure of the Legislative Council. They provide guidance to the members regarding the rules and ensure that the proceedings are conducted as per the established norms.
  3. Casting vote: In the case of a tie on any matter being voted upon, the Chairman has the casting vote. This means that they have the power to make the final decision in such situations.
  4. Authenticating bills: The Chairman authenticates bills passed by the Legislative Council by signing them. This is an important step in the legislative process as it signifies the formal approval of the bill.
  5. Representing the Legislative Council: The Chairman represents the Legislative Council in its relations with the Governor, the Legislative Assembly, and other authorities. They act as the spokesperson for the council and represent its interests.

Appointment and Tenure of the Chairman

The Chairman of the Legislative Council is elected by the members of the council from amongst themselves. The election takes place through a secret ballot, and the candidate who secures the majority of votes is appointed as the Chairman.

The Chairman holds office for a term of five years or until they cease to be a member of the Legislative Council, whichever is earlier. However, they can be removed from office before the expiration of their term by a resolution passed by a majority of the members of the council.

Role of the Deputy Chairman

The Deputy Chairman of the Legislative Council is the second-highest-ranking official in the council. They assist the Chairman in the discharge of their duties and act as the Chairman in their absence.

Some of the key responsibilities of the Deputy Chairman include:

  1. Assisting the Chairman: The Deputy Chairman assists the Chairman in the conduct of the proceedings of the Legislative Council. They help in maintaining order and ensuring that the rules of procedure are followed.
  2. Acting as the Chairman: In the absence of the Chairman, the Deputy Chairman assumes the role of the Chairman. They preside over the sessions and perform all the functions and duties of the Chairman.
  3. Representing the Legislative Council: Similar to the Chairman, the Deputy Chairman represents the Legislative Council in its relations with other authorities. They act as a spokesperson for the council and uphold its interests.

Appointment and Tenure of the Deputy Chairman

The Deputy Chairman of the Legislative Council is also elected by the members of the council from amongst themselves. The election follows a similar process as that of the Chairman, with the candidate securing the majority of votes being appointed as the Deputy Chairman.

Like the Chairman, the Deputy Chairman holds office for a term of five years or until they cease to be a member of the Legislative Council, whichever is earlier. They can also be removed from office before the completion of their term by a resolution passed by a majority of the members of the council.

Conclusion

Article 182 of the Indian Constitution lays down the provisions regarding the Chairman and Deputy Chairman of the Legislative Council. These positions are crucial for the smooth functioning of the council and the legislative process in the states where the Legislative Council exists. The Chairman and Deputy Chairman play pivotal roles in maintaining order, interpreting rules, and representing the council. Their appointments and tenures are determined by the members of the council, ensuring a democratic process. By understanding the roles and responsibilities of these positions, we gain a deeper insight into the functioning of the Legislative Council in India.