Article 183 of the Costitution of India with Case law
🇮🇳 Article 183 of the Constitution of India
Topic: Vacation and Resignation of, and Removal from, the Offices of the Chairman and Deputy Chairman of a State Legislative Council
🔹 Text of Article 183:
The Chairman or the Deputy Chairman of the Legislative Council of a State—
(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 to the Governor, resign his office; and
(c) may be removed from his office by a resolution of the Legislative 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.
🧾 Explanation:
This Article governs the tenure and removal process for:
Chairman (like the Speaker)
Deputy Chairman
of the Legislative Council (Vidhan Parishad) in States which have a bicameral legislature.
📌 Key Points:
| Clause | Provision |
|---|---|
| (a) | If the Chairman/Deputy Chairman ceases to be a member, they must vacate office. |
| (b) | They can resign by writing to the Governor. |
| (c) | Can be removed by resolution passed by majority of the total membership of the Council, after 14 days’ notice. |
🧭 Purpose of Article 183:
Ensures stability, while allowing democratic control over key presiding officers.
Protects against arbitrary removals by requiring:
Majority support, and
Notice period.
⚖️ Relevant Case Laws:
🧑⚖️ 1. M.S.M. Sharma v. Sri Krishna Sinha (1959 AIR 395)
While not directly on Article 183, this case laid the foundation of legislative privileges and role of presiding officers.
It emphasized that internal proceedings, including resignations or removals, must follow constitutional procedure.
🧑⚖️ 2. Kihoto Hollohan v. Zachillhu (1992) Supp (2) SCC 651
Related to Speaker’s powers under Tenth Schedule, but principles apply to presiding officers of both Houses.
Held that presiding officers are not above judicial scrutiny, especially in matters affecting constitutional rights.
🧑⚖️ 3. Rajendra Singh Rana v. Swami Prasad Maurya (2007) 4 SCC 270
Emphasized that Chairman/Speaker must act fairly and within constitutional bounds; their decisions can be challenged in court if malafide or unconstitutional.
📚 Example of Application:
If the Chairman of the UP Legislative Council resigns, the resignation must:
Be in writing, and
Addressed to the Governor,
After which a new election or nomination would be held as per the rules.
✅ Conclusion:
Article 183 ensures that the presiding officers of the State Legislative Councils hold office with legitimacy and accountability.
While they are protected from abrupt or arbitrary removal, the Council retains the democratic right to remove them with due process.
Courts have held such powers subject to constitutional discipline and fairness.
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