Article 182

Article 182 of the Constitution of India provides for the election, roles, and responsibilities of the Chairman and Deputy Chairman of the Legislative Council (Vidhan Parishad) in States that have a bicameral legislature. These two offices are fundamental to maintaining discipline, order, and procedural efficiency within the upper house of the State Legislature. The article mirrors, at the State level, the provisions applicable to the Rajya Sabha under Article 89 of the Constitution.

Constitutional Context and Objective

The framers of the Constitution introduced Article 182 to ensure that the Legislative Council, being a permanent chamber, has its own presiding officers responsible for the orderly conduct of business. This provision guarantees leadership continuity and institutional stability, essential for deliberative functions within a bicameral legislature.
The Chairman and Deputy Chairman represent the impartial authority of the Council, safeguarding democratic deliberation and ensuring adherence to constitutional and procedural norms.

Text of Article 182

Article 182 reads as follows:

“(1) The Legislative Council of a State shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.(2) A Chairman or Deputy Chairman shall vacate his office if he ceases to be a member of the Council.(3) A Chairman may at any time resign his office by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, and the office shall thereupon be vacant.(4) A Chairman or Deputy Chairman may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:Provided that no resolution for the purpose of clause (4) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.”

Key Provisions and Their Explanation

1. Election of the Chairman and Deputy Chairman

• The Legislative Council must elect both a Chairman and a Deputy Chairman from among its members as soon as possible after the Council is constituted.
• This election is carried out by a simple majority vote of the members present and voting.
• The offices are vital for ensuring that proceedings are conducted in accordance with the Constitution, the Rules of Procedure, and established parliamentary conventions.

2. Filling of Vacancies

• Whenever the office of either the Chairman or Deputy Chairman becomes vacant due to resignation, removal, death, or cessation of membership, the Council must elect another member to fill the vacancy without undue delay.
• This provision guarantees that the presiding offices are never left unoccupied for long, ensuring the continuity of leadership within the Council.

3. Vacation, Resignation, and Removal

• The Chairman or Deputy Chairman vacates office if they cease to be members of the Legislative Council.
• They may resign voluntarily by addressing their resignation in writing—
  • The Chairman to the Deputy Chairman.
  • The Deputy Chairman to the Chairman.
• Either officer may be removed from office by a resolution passed by a majority of all the then members of the Council. However, a 14-day notice of the intention to move such a resolution is mandatory.

These provisions ensure both democratic accountability and procedural fairness in the selection and removal of presiding officers.

Roles and Responsibilities of the Chairman

The Chairman of the Legislative Council functions as the presiding officer, analogous to the Speaker of the Legislative Assembly or the Chairman of the Rajya Sabha. The key responsibilities include:

• Presiding over the sessions of the Council and ensuring adherence to rules and decorum.
• Maintaining order during debates and disciplinary control over members for unruly behaviour.
• Deciding points of order and interpreting procedural rules.
• Regulating legislative business, including scheduling of discussions and votes.
• Representing the Council in its dealings with the Governor and other constitutional authorities.
• Casting vote: The Chairman may exercise a casting vote in the event of a tie, maintaining the neutrality of the office.

The Chairman thus serves as the custodian of the dignity and privileges of the Legislative Council, ensuring impartial conduct of proceedings.

Roles and Responsibilities of the Deputy Chairman

The Deputy Chairman acts as the Vice-Presiding Officer of the Legislative Council.

• The Deputy Chairman performs the duties of the Chairman during the latter’s absence.
• When both offices are vacant, the Governor may appoint a member of the Council to perform the duties of the Chairman until a new election is held.
• The Deputy Chairman also plays a vital role in managing committees and assisting in legislative oversight.

The office of the Deputy Chairman ensures continuity of presiding authority, preventing any disruption in the legislative process.

Nature of the Offices: Neutrality and Independence

Both the Chairman and Deputy Chairman are expected to function with complete impartiality. Once elected, they are required to renounce party affiliations and act as neutral arbiters in the House.Their conduct symbolises the independence of the Legislature from executive influence. Although elected on party lines, their subsequent neutrality reflects the non-partisan nature of parliamentary presiding offices.

Judicial Interpretations and Case Laws

Several judicial decisions have affirmed the constitutional position, powers, and impartiality of the presiding officers of legislative bodies, including those under Article 182:

• K. K. Verma v. Union of India (1954): The Supreme Court elaborated on the constitutional authority of legislative presiding officers, affirming their powers in regulating legislative procedure and maintaining order.
• State of Bihar v. Bihar Legislative Assembly (1970): Clarified the roles of presiding officers, including the Deputy Chairman, in upholding the procedural sanctity of legislative debates and decisions.
• Indira Gandhi v. Raj Narain (1975): Though primarily an election case, the judgment emphasised the importance of impartial presiding officers in safeguarding the democratic process within legislatures.

These rulings underscore the judicial recognition of the Chairman’s authority and neutrality as foundational to legislative integrity.

Related Constitutional Articles

Article 182 is closely linked with other constitutional provisions regulating the structure and functioning of State Legislatures:

• Article 178: Deals with the election of the Speaker and Deputy Speaker of the Legislative Assembly.
• Article 183: Provides for the vacation, resignation, and removal of the Chairman and Deputy Chairman of the Legislative Council.
• Article 184: Prescribes procedures for functioning in cases of vacancies or absences.
• Article 212: Restricts judicial interference in legislative proceedings, reinforcing the autonomy of presiding officers.

Together, these provisions form a cohesive framework governing presiding offices in both Houses of bicameral State legislatures.

Significance of Article 182

The importance of Article 182 can be understood through its contribution to the stability and functionality of the Legislative Council:

• It ensures that leadership positions are filled through democratic election by the members themselves.
• It upholds continuity of legislative functioning by mandating immediate replacement in case of vacancies.
• It provides mechanisms for accountability and removal, ensuring that presiding officers remain answerable to the Council.
• It preserves the independence and neutrality of legislative procedures.

In essence, Article 182 strengthens the bicameral framework at the State level by providing for competent leadership within the upper house.

Practical Implications

In practice, the election of the Chairman and Deputy Chairman typically follows conventions similar to those in Parliament:

• The ruling party or coalition usually secures the Chairmanship, while the Deputy Chairman’s post may go to the opposition, reflecting democratic balance.
• The presiding officers oversee the functioning of various committees, including Privileges, Business Advisory, and Ethics Committees, enhancing the effectiveness of legislative oversight.
• In States such as Maharashtra, Karnataka, and Bihar, these offices play an instrumental role in managing the functioning of the Legislative Council.