Constitution of India

Article 183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman.—A member holding office as Chairman or Deputy Chairman of a Legislative Council—

(a) shall vacate his office if he ceases to be a member of the Council;

(b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and

(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Article 183 corresponds to article 90 which provides for vacation, resignation etc. of the presiding officer of the Rajya Sabha. The important difference is that in the Rajya Sabha, the Chairman is not from among the members of the House nor is he elected only by the members of that House. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha who is elected by an electoral college consisting of the members of the two Houses of Parliament. Therefore, article 90 provides for resignation etc., of the Deputy Chairman only.

It is to be noted that what applies to the Speaker vide second proviso to article 179 continuing in office even after the dissolution of the House and his ceasing to be a Member does not apply to the office of the Chairman who vacates his office on the completion of his term. There is no provision in article 183 corresponding to the second proviso to article 179.

A Chairman and a Deputy Chairman cease to hold office on the completion of their term even though re-elected for the next succeeding term. Article 183(a) deals with the consequences that will ensue in the existing term of a member and has no relation with the succeeding term.

It is open to the Council to lay down conditions for the admissibility of a resolution for discussion e.g., the rule that a certain number of members must rise in support of the motion being allowed to be moved.

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Subhash C Kashyap

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