Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

Article 158, Draft Constitution of India 1948

A member holding office as Speaker or Deputy Speaker of an Assembly-

(a) Shall vacate his office if he ceases to be a member of the Assembly;

(b) May at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) May be removed from his office for incapacity or want of confidence by a resolution of the Assembly passed by a majority of all the then members of the Assembly:

Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Article 179, Constitution of India 1950

A member holding office as Speaker or Deputy Speaker of an Assembly—

(a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:

⁠Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

⁠Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Draft Article 158 (Article 179) was debated on 2 June 1949. It regulated the vacation, resignation or removal of the Speaker and Deputy Speaker of a State Legislative Assembly.

A member proposed an amendment to clause (c) so that the Speaker and Deputy Speaker could be removed by a resolution passed by ‘the members of the Assembly present and voting‘. He argued that only the opinion of those members present in the House on the day the resolution is proposed should be taken into account. This amendment was negatived without debate.

Draft Article 158 was adopted on 2nd June 1949.