Article 180

Article 180 of the Constitution of India establishes the procedure for the functioning of a State Legislative Assembly in cases where the offices of the Speaker and Deputy Speaker are either vacant or when the Speaker is unable to preside over a sitting. This provision ensures continuity, order, and stability in the functioning of the Legislature, even during periods of temporary or permanent vacancies in leadership.
By outlining a clear hierarchy and process for delegation, Article 180 reflects the commitment of the Constitution to uninterrupted legislative governance in keeping with the principles of parliamentary democracy.

Constitutional Text of Article 180

Article 180 states:

“(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, such member of the Assembly as the Governor may appoint for the purpose.(2) During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.”

This text encapsulates two essential scenarios—vacancy in the offices and temporary absence of the Speaker.

Key Provisions and Their Explanation

1. Duties During Vacancy (Clause 1)

• When the office of the Speaker becomes vacant, all duties and powers of the Speaker devolve upon the Deputy Speaker until a new Speaker is elected.
• If both the offices of Speaker and Deputy Speaker are vacant, the Governor is constitutionally empowered to appoint a member of the Legislative Assembly to act as Speaker temporarily.
• The appointed member holds this position until the Assembly elects a new Speaker or Deputy Speaker, thereby preventing a procedural void in legislative operations.

This clause ensures that the absence of a presiding officer does not impede the Assembly’s capacity to function, pass legislation, or deliberate on matters of governance.
2. Acting Speaker During Absence (Clause 2)

• When the Speaker is merely absent from a sitting, the Deputy Speaker presides over the Assembly.
• If both are absent, the Rules of Procedure and Conduct of Business of the Assembly specify who will preside.
• In the absence of such a rule or the designated person, the Assembly itself elects one of its members to preside for that sitting.

This clause covers temporary absences, such as illness or other short-term reasons, distinguishing them from vacancies caused by resignation, removal, or death. It provides flexibility while preserving the Assembly’s procedural legitimacy.

Purpose and Importance of Article 180

The primary objective of Article 180 is to prevent legislative paralysis. The Legislature, being a continuous institution, must always have an authorised presiding officer to:

• Maintain order and discipline during debates.
• Facilitate the transaction of legislative business such as voting, bill introduction, and resolutions.
• Ensure adherence to constitutional and procedural norms.

By establishing a hierarchy of authority—the Speaker, followed by the Deputy Speaker, and finally another designated member or appointee—Article 180 guarantees institutional continuity and effective decision-making within the Assembly.

Constitutional and Parliamentary Context

Article 180 complements Articles 178 and 179, which deal with the election, resignation, and removal of the Speaker and Deputy Speaker. Together, these provisions create a comprehensive framework that governs the tenure, succession, and functioning of presiding officers in the Legislative Assembly.
The article is closely modelled on Article 95, which provides for similar arrangements in the Lok Sabha. This parallel structure reflects the Constitution’s federal symmetry, ensuring uniform parliamentary practices at both Union and State levels.

Judicial Interpretations and Case Laws

Although Article 180 has not been the direct subject of major constitutional litigation, several judicial pronouncements provide interpretive guidance on related matters concerning the powers and roles of the Speaker and Deputy Speaker:

• K. K. Verma v. Union of India (1954): The Court discussed the constitutional status and authority of the Speaker and Deputy Speaker, emphasising that the smooth functioning of legislative bodies depends on maintaining order and adhering to prescribed procedures, as envisioned in provisions like Article 180.
• Rameshwar Prasad v. Union of India (2006): The Supreme Court, in reviewing the dissolution of the Bihar Assembly, reaffirmed the Speaker’s constitutional responsibility in maintaining the Assembly’s integrity and continuity, even in times of political uncertainty.
• K. S. Puttaswamy v. Union of India (2017): Though not directly linked to Article 180, this case reinforced the principle that legislative offices and procedures must operate within the bounds of constitutional propriety and respect for institutional independence.

These judgments collectively underscore that the temporary delegation of duties under Article 180 must align with the broader constitutional principles of fairness, neutrality, and procedural regularity.

Related Constitutional Articles

Article 180 operates in close conjunction with the following provisions:

• Article 178: Relates to the election of the Speaker and Deputy Speaker.
• Article 179: Lays down provisions for the resignation, removal, and vacation of their offices.
• Article 181: Restricts the Speaker or Deputy Speaker from presiding during discussions on their own removal.
• Article 212: Limits judicial intervention in legislative proceedings, protecting the autonomy of the Legislature.

Together, these articles create a self-contained constitutional mechanism for managing the offices of presiding officers in the Legislative Assembly.

Significance of Article 180

The significance of Article 180 lies in its ability to maintain legislative continuity and procedural stability, even in unforeseen circumstances. Its major contributions include:

• Ensuring uninterrupted legislative functioning: The Assembly can continue its work, including debates, budget discussions, and voting, without disruption due to the absence of presiding officers.
• Safeguarding institutional integrity: By clearly defining the hierarchy of authority, it prevents conflicts or confusion over who may preside over the House.
• Upholding democratic principles: It enables the Assembly to self-regulate, electing one of its own members to preside when both the Speaker and Deputy Speaker are unavailable.
• Protecting the Governor’s constitutional role: The provision authorises the Governor to intervene only when necessary, maintaining a balance between legislative autonomy and executive oversight.

Procedural Aspects

In practice, the Rules of Procedure and Conduct of Business framed by each State Legislature specify:

• The order of precedence among members eligible to preside in the absence of both the Speaker and Deputy Speaker.
• The procedure for election or nomination of a temporary presiding officer.
• The scope of powers available to an acting Speaker, who enjoys all the powers of a regular Speaker for the duration of the sitting.

This rule-based flexibility ensures that the Assembly’s internal processes are both democratically governed and procedurally consistent.

Historical and Institutional Background

The concept embedded in Article 180 draws from the Westminster parliamentary tradition, where mechanisms exist for continuity of presiding authority in legislative bodies. India’s Constitution adopted and adapted this tradition to suit its federal structure, ensuring that every State Legislature remains operational regardless of temporary leadership gaps.
Instances of Deputy Speakers or appointed members acting as Speakers have occurred in several Indian States, particularly during transitions between Assemblies or following resignations. These examples demonstrate the practical utility and resilience of Article 180 in upholding democratic governance.

Practical Implications

Article 180 has direct operational relevance in several situations:

• Vacancy due to resignation or removal: Ensures that the Deputy Speaker assumes charge without delay.
• Interim arrangements: Authorises the Governor to appoint a member to act as Speaker, maintaining procedural legitimacy.
• Temporary absences: Allows smooth conduct of business through internal rules and member election.

Such flexibility has prevented legislative paralysis even during political crises, constitutional transitions, or protracted leadership disputes.

Significance in the Parliamentary System

Article 180 epitomises the continuity and adaptability essential to parliamentary governance. It safeguards the functioning of legislative institutions by providing for alternative presiding arrangements and ensuring that no session of the Assembly is left without authority.The provision reflects the constitutional intent that democratic institutions must never remain dormant due to procedural vacancies. By empowering internal mechanisms for substitution and succession, it reinforces the autonomy, stability, and resilience of India’s State Legislatures.