Article 185 of the Costitution of India with Case law
Here is a detailed explanation of Article 185 of the Constitution of India, along with relevant case law:
📜 Article 185 – Constitution of India
"The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration"
✅ Text of Article 185:
"At any sitting of the Legislative Assembly of a State, while any resolution for the removal of the Speaker or the Deputy Speaker from his office is under consideration, the Speaker, or as the case may be, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of Article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or the Deputy Speaker, as the case may be, is absent."
🧾 Key Points of Article 185:
| Feature | Explanation |
|---|---|
| Scope | Applies to State Legislative Assemblies |
| Context | When a removal resolution against the Speaker/Deputy Speaker is pending |
| Rule | The concerned Speaker/Deputy Speaker cannot preside over such a sitting |
| Substitute | The provisions of Article 180(2) are invoked to determine who presides |
🔁 Cross-reference: Article 180(2):
If the offices of both Speaker and Deputy Speaker are vacant or they cannot preside (like in this case), a person determined by rules of procedure or, in absence of such rule, a member chosen by the Assembly, presides over the sitting.
⚖️ Important Case Laws Involving Article 185:
1. Nabam Rebia & Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly
Citation: (2016) 8 SCC 1
Facts: The Governor had advanced the Assembly session during a political crisis and a Speaker was removed in a controversial manner.
Relevance to Article 185:
The Supreme Court struck down the removal of the Speaker.
It emphasized that constitutional procedure under Article 185 must be strictly followed.
The Speaker must not preside over his own removal proceedings — this safeguard protects the integrity of legislative procedure.
2. Kihoto Hollohan v. Zachillhu
Citation: 1992 Supp (2) SCC 651
Issue: Scope of judicial review in disqualification matters decided by the Speaker under the Tenth Schedule.
Relevance:
While the case primarily dealt with anti-defection, it emphasized the need for neutrality and procedural integrity of the Speaker — indirectly relevant when understanding why Article 185 exists.
3. Ravi S. Naik v. Union of India
Citation: 1994 Supp (2) SCC 641
Relevance: Reinforced the importance of fairness and due process in the actions taken by Speakers.
While not directly involving Article 185, it supports the logic behind excluding the Speaker from presiding over sessions involving his own removal.
🧠 Why Article 185 is Important:
Ensures impartiality in proceedings.
Prevents conflict of interest by prohibiting a Speaker/Deputy Speaker from controlling a session where their own position is under challenge.
Maintains the democratic functioning and fairness of the legislature.
📚 Summary Table:
| Aspect | Details |
|---|---|
| Applies to | State Legislative Assemblies |
| When | During removal proceedings against Speaker/Deputy Speaker |
| Speaker’s Role | Cannot preside over such sittings |
| Alternate Presiding Member | Determined by Article 180(2) |
| Judicial Interpretation | Emphasizes strict adherence to procedure and neutrality |
RELATED Blog
0 comments