Article 178

Article 178 of the Constitution of India provides for the offices of the Speaker and Deputy Speaker in every State Legislative Assembly. These offices are fundamental to the functioning of the legislative process at the State level, ensuring order, neutrality, and procedural integrity within the Assembly. The Speaker acts as the presiding officer of the Legislative Assembly, responsible for maintaining decorum, guiding legislative proceedings, and safeguarding the dignity of the House.

Constitutional Framework and Purpose

Article 178 forms part of Part VI (The States), Chapter III (The State Legislature) of the Constitution. It mandates that each State Legislative Assembly shall have two presiding officers—the Speaker and the Deputy Speaker—both elected from among its members.
The article mirrors Article 93 of the Constitution, which makes similar provisions for the Lok Sabha (House of the People) at the Union level. It reflects the democratic principle that the Legislature must be self-regulating, with its own elected presiding officers independent of executive influence.
The primary purpose of this provision is to ensure orderly and impartial conduct of business in the Assembly and to establish an institutional mechanism for legislative continuity and discipline.

Provisions of Article 178

Article 178 reads:

“Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.”

The key elements of this provision include:

• The mandatory election of both a Speaker and a Deputy Speaker.
• The election must occur as soon as possible after the Assembly is constituted.
• Any vacancy in either office must be filled promptly by electing another member of the Assembly.

This ensures that the Assembly always has a presiding authority to conduct its sessions effectively.

Election of the Speaker and Deputy Speaker

The Speaker and Deputy Speaker are elected by members of the Legislative Assembly from among themselves. The election procedure is governed by the Rules of Procedure and Conduct of Business of each State Legislature.
Generally, the ruling party or coalition nominates a candidate for the Speaker’s post, while the Deputy Speaker often belongs to the opposition or another party, ensuring political balance and cooperation.
The election is conducted through a majority vote of the members present and voting. The offices are thus democratic and representative, emphasising the autonomy of the Legislature.

Tenure and Continuity

The Speaker holds office:

• From the date of election until immediately before the first meeting of the newly elected Assembly after its dissolution, or
• Until resignation or removal under constitutional procedures.

This ensures continuity in the legislative process even during the period between the dissolution of one Assembly and the constitution of the next.
The Deputy Speaker continues to perform the functions of the Speaker during any vacancy in the Speaker’s office or during the Speaker’s absence.

Roles, Powers, and Responsibilities of the Speaker

The Speaker is the presiding officer and guardian of the dignity and privileges of the Legislative Assembly. The Speaker’s functions include:

• Presiding over Assembly sessions: Maintaining order and ensuring that proceedings are conducted in accordance with constitutional and procedural rules.
• Deciding on points of order: Interpreting legislative procedures and ensuring their fair application.
• Disciplinary authority: Taking measures to maintain decorum, including suspending members for disorderly conduct.
• Casting vote: The Speaker does not ordinarily vote but exercises a casting vote in case of a tie.
• Certification of bills: Certifying whether a bill is a Money Bill under Article 199.
• Committee appointments: Constituting legislative committees and appointing their chairpersons.
• Representation: Acting as the representative of the House in dealings with the Governor and other authorities.

The Speaker’s role is crucial in upholding legislative sovereignty, ensuring neutrality in decision-making, and protecting the rights of both the majority and the minority in the House.

The Role of the Deputy Speaker

The Deputy Speaker performs the duties of the Speaker when the latter is absent or when the office of the Speaker is vacant. The Deputy Speaker enjoys the same powers while presiding over a sitting and ensures the continuity of legislative proceedings.
Although subordinate to the Speaker in hierarchy, the Deputy Speaker is an independent constitutional authority and cannot be removed or suspended at the Speaker’s discretion.

Impartiality and Independence

One of the defining features of the Speaker’s office is impartiality. Once elected, the Speaker is expected to rise above party affiliations and act as a neutral arbiter of the House. The Speaker’s independence is safeguarded by constitutional conventions, parliamentary ethics, and judicial precedents.
In practice, however, the Speaker’s neutrality has occasionally been questioned, especially during political crises involving disqualification of members under the Tenth Schedule (anti-defection law). Despite this, the office remains central to maintaining the legitimacy and discipline of the Legislature.

Removal from Office

Under Article 179(c), the Speaker or Deputy Speaker may be removed from office by a resolution passed by a majority of all the then members of the Assembly.

• A 14-day notice of the intention to move such a resolution is required.
• The Speaker or Deputy Speaker may resign at any time by submitting a written resignation to the Assembly.
• During deliberations on a motion for removal, the concerned officer cannot preside over the House.

This process ensures accountability and protects against arbitrary removal.

Powers to Adjourn and Suspend Sittings

The Speaker possesses the authority to:

• Adjourn the Assembly or suspend its sittings when disorder arises or business cannot proceed.
• Suspend members for violating procedural rules or disrupting proceedings.
• Decide whether a session will be continued or deferred in exceptional circumstances.

These powers ensure orderly conduct and efficient management of legislative business.

Judicial Review and Case Law

While the Speaker’s decisions are generally considered final within the Legislature, they may be subject to judicial review in cases of constitutional or procedural violation.
Key judicial interpretations include:

• K. K. Verma v. Union of India (1954): The Supreme Court underscored the constitutional significance of the Speaker’s impartiality and autonomy in presiding over the Assembly.
• Rameshwar Prasad v. Union of India (2006): The Court addressed the Speaker’s powers in the context of member disqualification under the Tenth Schedule, reiterating that such decisions are subject to judicial scrutiny under Articles 136 and 226.
• Kihoto Hollohan v. Zachillhu (1992): Although not directly under Article 178, this landmark case clarified that while the Speaker acts in a quasi-judicial capacity under the Tenth Schedule, his or her decisions may be reviewed by the judiciary to ensure fairness and constitutional compliance.

Related Constitutional Provisions

• Article 179: Provides for the resignation and removal of the Speaker and Deputy Speaker.
• Article 180: Specifies the functions of the Deputy Speaker in the absence of the Speaker.
• Article 182: Makes similar provisions for the Chairman and Deputy Chairman of the Legislative Council.
• Article 212: Restricts judicial interference in legislative proceedings except in cases of substantial illegality.

These provisions collectively ensure continuity, neutrality, and accountability in the operation of the Legislature.

Practical and Political Importance

In modern governance, the Speaker’s office holds immense significance in maintaining the constitutional and procedural integrity of the State Legislature:

• The Speaker safeguards democratic principles by ensuring that debates are fair and inclusive.
• The Speaker’s decisions on procedural matters and bill classifications often influence the legislative and political direction of the State.
• The Speaker’s authority to decide anti-defection cases plays a critical role in maintaining political stability.
• The Deputy Speaker ensures institutional continuity when the Speaker is unavailable.