Article 178 of the Costitution of India with Case law
Article 178 of the Constitution of India
— Speaker and Deputy Speaker of the Legislative Assembly
📜 Text of Article 178:
“Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively the Speaker and the Deputy Speaker thereof, and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be the Speaker or the Deputy Speaker, as the case may be.”
✅ Summary & Key Points:
Every State Legislative Assembly must elect a Speaker and a Deputy Speaker from among its members.
These offices must be filled as soon as possible after the formation of the House.
If a vacancy occurs, a new Speaker or Deputy Speaker must be chosen without undue delay.
These positions are essential for the functioning of the legislative process at the state level.
🧾 Constitutional Framework Connected to Article 178:
Article 179: Conditions of removal/resignation of Speaker/Deputy Speaker.
Article 180: Functions of the Deputy Speaker or other members when the Speaker is absent.
Article 181: Speaker’s powers in cases involving him/her personally.
The Speaker is the presiding officer of the Legislative Assembly and plays a key role in maintaining order, conducting business, and interpreting rules.
⚖️ Important Case Laws Related to Article 178:
🧑⚖️ 1. Kihoto Hollohan v. Zachillhu & Others
Citation: 1992 Supp (2) SCC 651
Context: Related to the Speaker’s role in disqualification of members under the Tenth Schedule.
Held:
Speaker acts in a quasi-judicial capacity under the Tenth Schedule.
His decision is subject to judicial review despite Article 212.
Significance: Reinforced the constitutional responsibility of the Speaker and checked partisan conduct.
🧑⚖️ 2. Nabam Rebia v. Deputy Speaker
Citation: (2016) 8 SCC 1
Issue: Whether the Speaker can act in disqualification proceedings while a motion for his own removal is pending.
Held:
The Speaker cannot decide disqualification petitions under the Tenth Schedule while a motion for his removal is pending under Article 179(c).
This is to ensure neutrality and fairness.
Significance: Safeguarded the integrity of the office of Speaker and protected democratic procedures.
🧑⚖️ 3. Rajendra Singh Rana v. Swami Prasad Maurya
Citation: (2007) 4 SCC 270
Held: Delay or refusal by the Speaker to act under the anti-defection law can be challenged in court.
Significance: Clarified limits on the Speaker’s discretion, especially if it is unconstitutional or mala fide.
🧑⚖️ 4. Jagjit Singh v. State of Haryana
Citation: AIR 2006 SC 75
Held: The procedure and neutrality of the Speaker’s functioning are subject to constitutional scrutiny, especially where basic democratic values are at stake.
🧠 Key Takeaways:
| Aspect | Details |
|---|---|
| What Article 178 Does | Mandates the election of Speaker & Deputy Speaker in State Assemblies. |
| Why Important | Speaker ensures orderly conduct of Assembly business and upholds legislative integrity. |
| Can Courts Intervene? | Yes, especially when Speaker acts in violation of constitutional duties. |
| Related Articles | 179 (removal), 180 (duties during vacancy), 181 (restrictions). |
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