Article 180 of the Costitution of India with Case law
🔹 Article 180 of the Constitution of India – Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
📘 Bare Text of Article 180
Article 180(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, by such member of the Assembly as the Governor may appoint for the purpose.
Article 180(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 House, shall act as Speaker.
🧾 Key Features & Explanation
| Feature | Details |
|---|---|
| Scope | Applies only to State Legislative Assembly |
| Vacancy of Speaker’s office | Deputy Speaker discharges duties (Clause 1) |
| Both offices vacant | Governor appoints a member to act |
| Temporary absence | Deputy Speaker or any other person under rules acts as Speaker (Clause 2) |
| Objective | To ensure continuity in the functioning of the State Assembly |
| Nature | Procedural, ensures no legislative deadlock due to absence or vacancy |
⚖️ Relevant Case Laws on Article 180
While direct case law on Article 180 is rare, it has been discussed in Speaker-related power struggles, disqualification matters, and floor test directions. Here are some notable ones:
🔹 Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly
Citation: (2016) 8 SCC 1
Facts: Governor advanced Assembly session; Speaker’s disqualification powers challenged. Deputy Speaker was acting due to the Speaker’s absence.
Relevance to Art. 180: The Court emphasized the limited scope of acting capacity under Article 180 and stressed that constitutional processes must follow established procedures.
Held: Acting Speaker cannot assume permanent powers unless lawfully empowered.
🔹 Kihoto Hollohan v. Zachillhu & Others
Citation: AIR 1993 SC 412
Issue: Validity of Speaker’s powers under Tenth Schedule (anti-defection).
Relevance: Although primarily under Article 212 and Tenth Schedule, the Court indirectly affirmed the importance of procedural continuity ensured by provisions like Article 180.
🔹 Ravi S. Naik v. Union of India, AIR 1994 SC 1558
Context: Disqualification under Tenth Schedule when the Speaker is absent.
Relevance: Reinforced that Deputy Speaker or acting member under Article 180 has only procedural authority, not discretionary constitutional power like deciding disqualifications unless formally authorized.
🏛️ Practical Examples & Usage
In political crises (e.g., mass resignation or disqualification cases), Article 180 ensures the Assembly continues functioning by authorizing another member to perform Speaker's duties.
This is especially invoked when the Speaker is either suspended, resigns, or is removed, and the Deputy Speaker steps in.
✅ Conclusion
Article 180 ensures the uninterrupted functioning of the State Legislative Assembly even in cases where the Speaker or Deputy Speaker is absent or the office is vacant. It maintains the constitutional machinery of the State Legislature by delegating procedural authority temporarily. However, the acting individual’s powers are limited to procedural duties and do not include constitutional functions unless expressly permitted.
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