ARTICLE 180

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ARTICLE 180 OF INDIAN CONSTITUTION

Article 180 of the Indian Constitution grants a pivotal provision in ensuring the continuity and functionality of a Legislative Assembly by delineating the authority of the Deputy Speaker or another designated individual to perform the duties of the Speaker. This article recognizes the importance of maintaining a stable leadership structure within the assembly, even in the Speaker’s absence. By detailing the powers of the Deputy Speaker or a substitute to act as the Speaker, Article 180 plays a critical role in upholding the legislative process, promoting transparency, and facilitating efficient governance.

What does Article 180 states ?

 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

Key aspects of Article 180

  1. Continuity in Leadership: Article 180 addresses the essential need for continuity in the leadership of the Legislative Assembly, especially in the Speaker’s absence. This provision ensures that the assembly can function smoothly even when the Speaker is not available to preside over the proceedings.
  2. Deputy Speaker’s Authority: The primary authority to perform the duties of the Speaker typically rests with the Deputy Speaker. The Deputy Speaker is usually vested with the responsibility of maintaining order, conducting debates, and ensuring that parliamentary procedures are followed in the Speaker’s absence.
  3. Designated Individuals: In addition to the Deputy Speaker, the article allows for another member of the assembly to be designated to perform the duties of the Speaker. This can provide flexibility in ensuring that a capable individual is available to step into the role when needed.
  4. Preserving Order: The provision for the Deputy Speaker or another designated person to perform the Speaker’s duties helps maintain order and decorum during assembly sessions. This ensures that debates and discussions are conducted in an organized manner.
  5. Adherence to Parliamentary Rules: The individual designated to act as the Speaker is expected to adhere to the same parliamentary rules and procedures that the Speaker would follow. This maintains the consistency and fairness of the legislative process.
  6. Ensuring Transparency: The presence of a Deputy Speaker or designated individual helps maintain transparency in the legislative proceedings, as there is someone to oversee debates and decisions in the Speaker’s absence.
  7. Decision-Making Authority: The Deputy Speaker or designated person may have the authority to make rulings on procedural matters, recognize members to speak, and maintain order within the assembly.
  8. Temporary Absence: This provision is particularly important when the Speaker has to be temporarily absent due to various reasons such as illness, official engagements, or other commitments. It prevents any disruption in the assembly’s functioning.
  9. Voting and Casting Vote: The individual acting as the Speaker might also be responsible for conducting votes and, if applicable, exercising a casting vote in case of a tie on any matter.
  10. Temporary Leadership: It’s important to note that while the Deputy Speaker or designated individual performs the duties of the Speaker in their absence, the Speaker’s overall role and authority are not transferred permanently.
  11. Ensuring Fairness: The individual acting as the Speaker is expected to ensure fairness, impartiality, and equal opportunity for all members to express their views during debates.

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