Article 184 of the Costitution of India with Case law
📘 Article 184 of the Constitution of India – Speaker or Deputy Speaker presiding (in State Legislative Assembly)
🔹 Text of Article 184:
(1) While the office of Speaker is vacant, the Deputy Speaker shall perform the duties of the office of the Speaker.
(2) If both the Speaker and Deputy Speaker are absent, any other member of the Assembly, as determined by rules of procedure of the Assembly (or chosen by members present), may be appointed to preside.
🧾 Explanation:
Article 184 governs the functioning of the Legislative Assembly (Vidhan Sabha) in the absence of the Speaker or Deputy Speaker.
It ensures continuity of legislative proceedings even when both presiding officers are unavailable.
The House can select any member to preside temporarily.
🔁 Related Articles:
Article 178 – Speaker and Deputy Speaker of the Legislative Assembly.
Article 180 – Vacancy or absence in the office of the Speaker or Deputy Speaker.
Article 93 – Corresponding provision in the Lok Sabha (Parliament).
⚖️ Important Case Laws Related to Article 184:
🔹 1. Nabam Rebia & Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1
Key Point: A Deputy Speaker cannot preside over the Assembly when a motion for his removal is under consideration.
Although the case relates primarily to Articles 179 and 181, it affirms the principle behind Article 184 — impartiality and continuity in presiding over Assembly proceedings.
SC Observation: Legislative procedures must uphold fairness, especially when the Speaker/Deputy Speaker’s own position is under challenge.
🔹 2. Ravi S. Naik v. Union of India, 1994 Supp (2) SCC 641
Concerned the role of the presiding officer in Assembly matters, especially in relation to the anti-defection law.
Reinforces the importance of a neutral and functioning presiding authority under provisions like Article 184.
🔹 3. Kihoto Hollohan v. Zachillhu, 1992 Supp (2) SCC 651
Though related to Article 212 and Tenth Schedule, it stressed the importance of procedure and impartiality in Assembly functioning, which Article 184 supports when regular officers are absent.
📝 Key Points:
Continuity ensured: Even if both Speaker and Deputy Speaker are absent, the House can proceed with another member presiding.
The rules of procedure of the Assembly play a key role in selecting such a member.
Reinforces parliamentary democracy and smooth legislative functioning at the state level.
🧮 Example Scenario:
If both the Speaker and Deputy Speaker of Punjab Legislative Assembly are unavailable during a budget session, the House may elect or appoint any senior MLA to preside temporarily under Article 184.
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