Article 184

Article 184 of the Constitution of India establishes the procedure and authority for performing the duties of the Chairman of a State Legislative Council when the office is either vacant or the Chairman is absent from a sitting. The provision ensures the continuity of leadership and smooth functioning of the Legislative Council, a key aspect of maintaining order and legislative efficiency in a bicameral State legislature.

Constitutional Context and Purpose

The Legislative Council, being a permanent chamber in States with a bicameral legislature, must function continuously even when the presiding officer (Chairman) is unavailable. Article 184, therefore, provides a structured mechanism to address temporary absences or vacancies in the office of the Chairman or Deputy Chairman.
The article reflects the federal and parliamentary character of India’s Constitution, ensuring that no legislative session or decision-making process is hindered due to the unavailability of the presiding authority.

Text of Article 184

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

Detailed Explanation of Provisions

1. Clause (1): Duties During Vacancy

• When the office of the Chairman becomes vacant, all functions, powers, and responsibilities of the Chairman are to be performed by the Deputy Chairman.
• If both the Chairman and Deputy Chairman offices are vacant, the Governor of the State is empowered to appoint a member of the Legislative Council to act as Chairman until a new Chairman or Deputy Chairman is elected.
• This ensures that the Council always has a presiding authority and that its legislative activities continue uninterrupted.

2. Clause (2): Duties During Absence

• When the Chairman is absent from any sitting of the Council, the Deputy Chairman acts as the presiding officer for that session.
• If both are absent, the person designated under the Rules of Procedure of the Legislative Council presides over the session.
• If no such person is designated or available, the Council itself determines another member to act as Chairman for that sitting.

This clause ensures that the procedural integrity and legislative process of the Council are maintained even during temporary absences. It also reflects the collective authority of the House to self-regulate its proceedings.

Constitutional Philosophy and Rationale

Article 184 embodies the constitutional principle of continuity in governance and legislative autonomy. The rationale behind it includes:

• Preventing procedural deadlocks in the legislative process.
• Ensuring that the Council always has a presiding authority, regardless of political or administrative contingencies.
• Providing a clear hierarchical mechanism for the discharge of the Chairman’s duties.
• Reinforcing the concept of legislative self-regulation, where internal affairs are managed by the House itself under constitutional and procedural rules.

Significance of Article 184

The article holds significant practical and constitutional importance:

• Guarantees continuity: The functioning of the Legislative Council is never suspended due to the absence or vacancy of its presiding officers.
• Maintains procedural discipline: It ensures that every sitting of the Council has an authorised presiding officer to conduct business and maintain decorum.
• Strengthens institutional resilience: By defining a clear line of succession, it prevents leadership disputes or procedural ambiguity.
• Reinforces federal uniformity: The structure mirrors the Rajya Sabha (Council of States) at the national level, promoting procedural consistency across Union and State legislatures.

Related Constitutional Articles

Article 184 is part of the broader constitutional framework regulating the offices of presiding officers of the State Legislature:

• Article 182: Provides for the election of the Chairman and Deputy Chairman of the Legislative Council.
• Article 183: Deals with their vacation, resignation, and removal.
• Article 185: Specifies that neither the Chairman nor the Deputy Chairman shall preside when a motion for their removal is under consideration.
• Article 212: Restricts judicial interference in legislative proceedings, safeguarding the autonomy of the Legislature.

Together, these articles ensure the orderly conduct of legislative business and the institutional independence of the presiding offices.

Comparison with the Legislative Assembly

Article 184 parallels Article 180, which governs the functioning of the Legislative Assembly in similar circumstances involving the Speaker and Deputy Speaker.While Article 180 applies to the lower house (Vidhan Sabha), Article 184 applies to the upper house (Vidhan Parishad), maintaining uniformity across both chambers of State legislatures.

Judicial Interpretations and Case References

Though no major Supreme Court judgment has directly interpreted Article 184, general constitutional jurisprudence and principles regarding presiding officers apply:

• K. K. Verma v. Union of India (1954): Highlighted the powers and responsibilities of presiding officers as custodians of legislative procedure and order.
• State of Bihar v. Bihar Legislative Assembly (1970): Reiterated the autonomy of legislative bodies in managing their internal procedures.
• Rameshwar Prasad v. Union of India (2006): Emphasised the constitutional necessity of maintaining legislative continuity and the supremacy of democratic institutions.

These interpretations collectively reinforce that the functions of presiding officers—even when delegated under Article 184—must always uphold constitutional propriety and procedural fairness.

Procedural Aspects and Rules of the Council

Each State Legislative Council frames its own Rules of Procedure and Conduct of Business, which detail how the provisions of Article 184 are implemented. Typically, these rules specify:

• The order of precedence among members eligible to act in the absence of both the Chairman and Deputy Chairman.
• The powers of an acting Chairman, which are equivalent to those of a regular Chairman for the duration of the sitting.
• The formal communication to the Governor and the Council regarding such appointments or acting arrangements.

These procedural rules ensure flexibility and administrative efficiency while adhering to constitutional mandates.

Historical and Comparative Context

The inclusion of Article 184 draws inspiration from British parliamentary conventions, where continuity in presiding authority is maintained through a hierarchy of officers. The system was adapted to the Indian context to accommodate federal diversity and the existence of bicameral legislatures at the State level.
Similar provisions exist in:

• Article 91 (Rajya Sabha) for the Deputy Chairman of the Council of States.
• Article 95 (Lok Sabha) for the Deputy Speaker of the House of the People.

This demonstrates the constitutional intent to establish a uniform parliamentary model of presiding authority across all legislative chambers in India.

Practical Implications

In practice, Article 184 ensures that:

• Legislative business proceeds seamlessly, even in the absence or vacancy of the Chairman or Deputy Chairman.
• Procedural legitimacy is maintained, as every decision taken during such sittings remains constitutionally valid.
• The Governor’s power of appointment operates as a temporary measure, preventing legislative inactivity.
• Members gain an opportunity to demonstrate leadership by presiding temporarily, thereby strengthening participatory democracy.