Article 182 of the Costitution of India with Case law
📜 Article 182 of the Constitution of India – The Chairman and Deputy Chairman of the Legislative Council
âś… Text of Article 182:
(1) The Legislative Council of every State having such a Council 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 member holding office as Chairman or Deputy Chairman shall vacate his office if he ceases to be a member of the Council.
(3) A member may be removed from the office of Chairman or Deputy Chairman 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 shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
(4) The Chairman may resign his office by writing under his hand addressed to the Deputy Chairman and the Deputy Chairman may resign his office by writing under his hand addressed to the Chairman.
🧠Explanation:
Article 182 provides for:
The election, tenure, resignation, and removal of the Chairman and Deputy Chairman of a State Legislative Council (Upper House of State Legislature).
These roles are similar to the Speaker and Deputy Speaker of a Legislative Assembly, but apply to bicameral state legislatures (which have a Legislative Council).
🏛️ Applicability:
This Article only applies to States having a Legislative Council (i.e., bicameral legislature).
As of now, only a few Indian states have Legislative Councils (e.g., Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh, Telangana, Bihar).
⚖️ Key Case Laws on Article 182 and Related Provisions:
1. M.S.M. Sharma v. Krishna Sinha
Citation: AIR 1959 SC 395
Held:
Related to privileges and procedures of State Legislatures.
Emphasized that Chairman and Deputy Chairman enjoy parliamentary privileges similar to those at the Centre.
2. Rameshwar Prasad v. Union of India
Citation: (2006) 2 SCC 1
Context: Though related to Legislative Assembly dissolution, the case reaffirmed that constitutional posts like Chairman or Deputy Chairman must be elected and removed following proper procedures under Articles like 182.
3. Kihoto Hollohan v. Zachillhu
Citation: 1992 Supp (2) SCC 651
Held:
Although focused on anti-defection, the case clarified that Chairman of the Legislative Council acts as tribunal under the Tenth Schedule and his actions are subject to judicial review.
đź“Ś Key Points of Article 182:
| Clause | Provision |
|---|---|
| (1) | Council elects a Chairman and Deputy Chairman |
| (2) | They vacate office on ceasing to be Council members |
| (3) | Can be removed by resolution passed by majority of members (14 days' notice required) |
| (4) | Can resign by writing to each other |
🔍 Comparison with Parliament:
| Position | State Legislative Council | Rajya Sabha (Parliament) |
|---|---|---|
| Presiding Officer | Chairman (elected) | Vice-President of India (ex-officio Chairman) |
| Deputy | Deputy Chairman (elected) | Deputy Chairman (elected by Rajya Sabha) |
| Removal | By resolution (Art. 182(3)) | By resolution (Art. 90) |
đź“š Summary Table:
| Feature | Article 182 |
|---|---|
| Applies to | States with Legislative Councils |
| Provides for | Election, resignation, and removal of Chairman and Deputy Chairman |
| Key Safeguard | 14 days’ notice before removal resolution |
| Importance | Maintains structure and leadership of State Upper House |
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