Article 183 of the Indian Constitution addresses the vacation, resignation, and potential removal from office of both the Chairman and Deputy Chairman. This article outlines the procedures and circumstances under which these high-ranking officials within the upper house of a State Legislature might cease to hold their respective positions.
What does Article 183 states ?
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
Resignation Process
- Voluntary Decision: Resignation is a voluntary decision made by the Chairman or Deputy Chairman. It is usually based on personal considerations, the ability to fulfill their duties, or other factors that might influence their decision to step down.
- Notification: To resign, the Chairman or Deputy Chairman submits a formal resignation letter to the appropriate authorities. This is often addressed to the Legislative Council and communicated to other relevant parties.
- Assembly Acknowledgment: The resignation letter is usually read out in the Legislative Council during a session. The assembly acknowledges the resignation, and the letter becomes part of the official record.
- Effective Date: The resignation can take effect immediately or at a future date, as specified by the resigning official. The effective date may depend on factors such as the need for a smooth transition or any ongoing legislative business.
- Vacation of Office: Upon acceptance of the resignation, the Chairman or Deputy Chairman ceases to hold their respective office. The Deputy Chairman might assume the role of acting Chairman until a new Chairman is elected.
Removal process
Initiation of Removal:
- Resolution: The process usually begins with a resolution moved by a member of the Legislative Council. The resolution outlines the grounds for removal and contains allegations of misconduct, incapacity, or actions that have led to a loss of confidence in the Chairman or Deputy Chairman.
- Grounds for Removal: The resolution should clearly state the specific grounds for removal, which might include violation of council rules, misuse of power, failure to maintain decorum, or other conduct that is deemed inappropriate for the position.
- Supporting Arguments: The member moving the resolution typically presents supporting arguments and evidence to justify the need for the removal. These arguments aim to demonstrate the validity of the allegations.
Council Deliberations:
- Debate: The resolution triggers a debate within the Legislative Council. Members are given the opportunity to express their opinions on the removal and present their views on whether the allegations are substantiated.
- Defense: The Chairman or Deputy Chairman facing removal is often given the chance to defend themselves against the allegations. They can present counter-arguments, evidence, and explanations to refute the charges.
Voting:
- Voting Process: After the debate, a formal vote is held on the resolution. The voting process can vary, but it usually requires a specific majority, such as a simple majority or a special majority, as specified by the council’s rules, to pass the resolution.
- Outcome: If the resolution is passed by the required majority, it signifies the council’s decision to remove the Chairman or Deputy Chairman from their position.
Vacation of Office:
- Immediate Removal: Upon the successful passing of the removal resolution, the Chairman or Deputy Chairman’s office becomes vacant immediately. They cease to hold their respective positions.
- Election of New Official: Following the removal, the council usually proceeds to elect a new Chairman or Deputy Chairman to fill the vacant position. This ensures the continuity of leadership.