Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

Quick Summary (TL;DR)

Article 179 (Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker): Regulates State Legislative Assemblies (Vidhan Sabha) and Legislative Councils under Part VI.

In Simple Citizen Words

Article 179 ('Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker') in Part VI, Chapter III governs the State Legislature (Vidhan Sabha and, where applicable, Vidhan Parishad). It sets the constitutional rules for composition of Assemblies, MLA qualifications/disqualifications, sessions, Speaker/Deputy Speaker duties, passage of State Bills and Budgets, assent to Bills (Arts 200–201), and legislative privileges. Specifically: 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...

Key Constitutional Provisions

Constitutional Mandate (Art. 179): Directly codifies the legal rule for 'Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker' under Part VI

Structured across 1 clause(s) and 4 sub-clause(s) with explicit constitutional provisos/safeguards

Any administrative or legislative action violating Article 179 can be challenged before the High Court (Art. 226) or Supreme Court

Exceptions & Reasonable Restrictions

State Legislatures must legislate within the State and Concurrent Lists (Seventh Schedule) and cannot violate Fundamental Rights or constitutional procedures.

Why This Matters in Daily Life

Guarantees democratic law-making and budget scrutiny at the state level through your elected MLAs.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & K. M. Munshi

Drafting Committee Leaders • June 2–3, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 179: Empowering directly elected State Legislative Assemblies (Vidhan Sabhas) over state subjects and budgets while allowing States the option to create or abolish a second chamber (Vidhan Parishad).

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"The Legislative Assembly directly elected by adult franchise is the primary sovereign forum of the people in each State, holding the State Cabinet accountable for every rupee of state revenue."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 179: Codified Articles 168–213 regulating State Legislatures, flexible creation/abolition of Legislative Councils (Art 169), Money Bill procedures, and time-bound assent to State Bills (Art 200).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 179 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

A member holding office as Speaker or Deputy Speaker of an Assembly —

Sub-clause (a)

shall vacate his office if he ceases to be a member of the Assembly;

Sub-clause (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; and

Sub-clause (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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 179 (Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 179 (Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker): Regulates State Legislative Assemblies (Vidhan Sabha) and Legislative Councils under Part VI.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

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Emergency Citizen Helplines

Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications