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What is Article 179 of indian constitution

 

📜 Article 179 of the Indian Constitution

Title: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker


🔹 Text Summary of Article 179:

Article 179 provides the conditions under which the Speaker or Deputy Speaker of a State Legislative Assembly can vacate, resign, or be removed from office.


📌 Clause-wise Breakdown:

Clause Provision
(a) The Speaker or Deputy Speaker shall vacate their office if they cease to be a member of the Legislative Assembly.
(b) They may resign from office by writing under their hand addressed to the other officer (i.e., Speaker to Deputy Speaker and vice versa).
(c) They can be removed from office by a resolution of the Assembly, passed by a majority of all the then members of the Assembly (i.e., absolute majority).
🛑 14 days' notice is required for such a resolution.

🧠 Key Takeaways:

  • Resignation must be addressed to the counterpart officer.

  • Removal requires an absolute majority (more than 50% of total members).

  • Ensures stability in Assembly proceedings by protecting against sudden removal.

  • While such a motion is pending, Article 181 applies — the Speaker cannot preside over the proceedings.


⚖️ Related Articles:

Article Subject
178 Election of Speaker and Deputy Speaker
180 Who presides in absence of Speaker/Deputy
181 Speaker not to preside during removal resolution
94 Similar provision for Lok Sabha

🏛️ Real-World Use:

Speakers have been removed in a few states via Article 179 resolutions — especially during political realignments or change in majority.