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What is Article 185 of indian constitution

 

📜 Article 185 of the Indian Constitution

Title: The Chairman or Deputy Chairman not to preside while a resolution for his removal from office is under consideration


🔹 Text Summary of Article 185:

Article 185 states that the Chairman or Deputy Chairman of the State Legislative Council shall not preside over a sitting of the Council while a resolution for their removal is under consideration.


📌 Clause-wise Provision:

  • If a removal resolution is moved against the Chairman or Deputy Chairman, they:

    • Cannot preside over that sitting.

    • May attend the session, speak in the debate, but

    • Cannot vote on the resolution.


🧠 Key Takeaways:

  • This article ensures fairness and neutrality in the removal process.

  • Prevents the presiding officer from influencing proceedings when their own position is at stake.

  • It mirrors Article 181, which applies to the Speaker and Deputy Speaker of the Legislative Assembly.


⚖️ Related Articles:

Article Applies To Subject
179 Speaker/Deputy Speaker (Assembly) Removal process
183 Chairman/Deputy Chairman (Council) Resignation and removal
185 Chairman/Deputy can't preside during own removal
96 Similar rule for Rajya Sabha (Deputy Chairman)

🔁 Example:

If a resolution is introduced to remove the Chairman of the Legislative Council, then:

  • The Chairman must not preside over the session.

  • The Deputy Chairman or any other member elected for that purpose will preside.