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What is Article 181 of indian constitution

 

📜 Article 181 of the Indian Constitution

Title: Speaker or Deputy Speaker not to preside while a resolution for his removal is under consideration


🔹 Text Summary of Article 181:

Article 181 provides that the Speaker or Deputy Speaker of a State Legislative Assembly cannot preside over the House when a resolution for their removal is being considered.


📌 Clause-wise Breakdown:

Clause Provision
(1) The Speaker or Deputy Speaker shall not preside over any sitting of the Legislative Assembly while a resolution for their removal is under consideration under Article 179(c).
👉 However, they can attend the sitting and speak in the debate, but cannot vote on the resolution.
(2) The same rule applies to a person acting as Speaker under Article 180 — i.e., even the acting presiding officer cannot preside if a resolution against themselves is under discussion.

🧠 Key Takeaways:

  • Ensures fairness and neutrality during the process of removing presiding officers.

  • Prevents the misuse of authority by the Speaker/Deputy Speaker to influence the outcome.

  • Maintains the integrity of legislative procedures.


⚖️ Related Articles:

Article Subject
178 Speaker and Deputy Speaker of Legislative Assembly
179 Removal process of Speaker/Deputy Speaker
180 Who presides if Speaker/Deputy Speaker is absent
181 Speaker/Deputy cannot preside during removal resolution
96 Similar provision for Lok Sabha (Speaker's removal)

📌 Example:

If a resolution is introduced in a State Assembly to remove the Speaker, then:

  • The Speaker cannot chair that session.

  • The Deputy Speaker or any other member (as per Article 180) will preside.

  • The Speaker may speak, may attend, but cannot vote on the resolution.