Article 181 of the Costitution of India with Case law
Article 181 of the Constitution of India
Title: Restriction on the powers of the Speaker and the Deputy Speaker of the Legislative Assembly, and the Chairman and the Deputy Chairman of the Legislative Council while acting as such or otherwise
Bare Text of Article 181:
(1) While any resolution for the removal of the Speaker or the Deputy Speaker of the Legislative Assembly is under consideration, the Speaker or the Deputy Speaker shall not:
Preside at the meeting of the Assembly,
Though he shall have the right to be present and to speak, and
Shall have the right to vote in the first instance, but not in the case of an equality of votes.
(2) Similarly, the Chairman or the Deputy Chairman of the Legislative Council shall not preside while a resolution for his removal is under consideration, but may be present, speak, and vote.
Explanation:
Article 181 lays down procedural safeguards and impartiality norms during the process of removing the presiding officers (Speaker/Deputy Speaker or Chairman/Deputy Chairman) of the State Legislature.
They cannot preside over the House when their own removal motion is being debated.
However, they can still participate in the discussion and vote (except in the case of a tie).
This Article is analogous to Article 96 which applies to the Parliament (Lok Sabha/Rajya Sabha).
Purpose of Article 181:
Avoids conflict of interest during removal proceedings.
Ensures fairness and neutrality.
Protects the dignity of the Legislative process.
Important Case Laws Related to Article 181:
1. Kihoto Hollohan v. Zachillhu, 1992 Supp (2) SCC 651
Relevance: Though the main issue was related to the Tenth Schedule (anti-defection), the Court emphasized the importance of neutrality and constitutional restrictions on Speakers and Chairpersons, which includes Articles 179–181.
2. Ravi S. Naik v. Union of India, 1994 Supp (2) SCC 641
Held: Speaker’s impartiality is crucial. The constitutional framework, including Article 181, reflects the need for non-partisan functioning especially during the time of political volatility or no-confidence motions.
3. SR Bommai v. Union of India, (1994) 3 SCC 1
Relevance: Discussed the importance of the Speaker's office in maintaining democratic governance. Article 181’s restrictions ensure that a Speaker does not misuse the chair for self-preservation.
4. Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1
Key Decision:
The Supreme Court held that if a notice of removal is pending, the Speaker cannot disqualify MLAs under the anti-defection law.
Strongly emphasized the restriction under Article 181, which applies not only to presiding over the Assembly, but also exercising quasi-judicial powers related to disqualification.
Conclusion:
Article 181 of the Indian Constitution ensures procedural fairness by temporarily curtailing the authority of the Speaker/Chairman during their own removal process. This prevents bias or abuse of power and strengthens democratic principles in legislative procedures.
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