Constitution of India

Article 180 – Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

Section 180 – Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.—(1) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

Where in the absence of the Speaker at the time of passing of the Money Bills, the Deputy Speaker acts as the Speaker under article 180(2), he can effectively certify the Money Bills under article 199(4), though article 199(4) mentions only the Speaker of the Legislative Assembly.

Under article 181(1), if at any sitting of the Legislative Assembly while, any resolution for the removal of the Speaker from this office is under consideration, the Speaker shall not, though he is present, preside. In such contingency, the provisions of article 180(2) shall apply in relation to every such sitting. Even if he is physically present, he would be said to be constitutionally absent and as such he cannot preside at that sitting. If he does, anything done by the House would be a nullity and would have no legal force or recognition.

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Subhash C Kashyap

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