(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker, from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.

 

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Debate Summary

Draft Article 159A (Article 181) was debated on 2nd June 1949. It was not included in the Draft Constitution, 1948. It prevented the Speaker from presiding over a sitting while a resolution for his removal was being considered, and imposed a similar restriction on the Deputy Speaker.

 

A member proposed the insertion of the following provision:

'159-A. At any sitting of the Legislative Assembly of a State, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of the clause (2) of the last preceding article shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent.'

 

He pointed out that a similar provision had been adopted for the Speaker and Deputy Speaker of the Houses of Parliament under Draft Article 78A (Article 96).

 

The Draft Article was adopted without any debate on 2nd June 1949.