⚖️ Constitutional Provisions

Article 182 – Officers of Legislative Council

• Legislative Council shall choose:
• one member as Chairman
• another member as Dy. Chairman
• as and when these offices become vacant

Article 183 – Removal

• Removal of Chairman/Dy. Chairman:
• by a resolution of Council
• by a majority of all the then members
• 14 days notice to be given
• Resignation:
• Chairman to address it to Dy. Chairman
• Dy. Chairman to Chairman
• Chairman/Dy. Chairman to vacate office if he ceases to be a member of Council

Article 184

• When office of Chairman is vacant, his duties are performed by Deputy Chairman.
• If Deputy Chairman’s office is also vacant, Chairman’s duties are performed by a member of Council appointed by Governor.
• When Chairman is absent, Dy. Chairman acts as Chairman.
• If both absent, person determined by rules or Council shall act as Chairman.

Article 185

• When resolution for removal of Chairman is considered, he shall not preside, even if present.
• Similar rule applies for removal of Dy. Chairman.
• Chairman has right to speak and take part in proceedings but vote only in the first instance, not in case of equality.

Article 186 – Salaries of Officers

• Salaries and allowances of Chairman, Dy. Chairman, Speaker and Dy. Speaker to be fixed by State Legislature by law.

Article 187 – Secretariat

• Each House to have separate secretarial staff.
• Recruitment and service conditions to be regulated by State Legislature by law.

Article 188 – Oath by Members

• Every member of Assembly or either House to make oath before Governor or a person appointed by him before taking his seat.

Article 189 – Voting in Houses

• All questions in Assembly or either House to be decided by majority of votes of members present and voting, excluding Speaker or Chairman.
• Casting Vote: Speaker or Chairman shall not vote in first instance but shall exercise casting vote in case of equality.
• Validity: Proceedings remain valid even if a person not entitled to sit or vote has done so.
• Quorum: 10 members or 1/10th of total number of members, whichever is greater.
• Presiding Officer may adjourn or suspend meeting until quorum is met.

Article 190 – Vacation of Seats

• No person shall be member of both Houses; if chosen for both, must vacate one seat as per State law.
• No person shall be member of legislatures of two or more States; must resign from all but one within time fixed by President’s rules.
• A seat becomes vacant when a member is disqualified under Article 191 or resigns, provided resignation is voluntary and genuine.
• Seat may be declared vacant if member absent without permission for 60 days (excluding adjournment or prorogation).

Article 191 – Disqualifications for Membership

• A person shall be disqualified for being chosen as or for being a member if:
• he holds any office of profit under government
• is of unsound mind declared by a court
• is an undischarged insolvent
• is not a citizen of India
• is disqualified under any law made by Parliament
• Disqualification not to attach to offices declared by State Legislature or to office of Minister.
• Disqualification also applies if a person is disqualified under the Tenth Schedule.

Article 192 – Decision on Disqualifications

• Any question of disqualification under Article 191(1) shall be referred to the Governor.
• The Governor’s decision shall be final but must be based on the opinion of the Election Commission.
• The Governor is bound to act according to the Election Commission’s opinion.

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