Functions Of Presiding Officers Of State Legislatures (article 178)
Introduction
The State Legislature's Presiding Officers play a crucial role in the smooth operation of the House and have important duties to accomplish. The Legislative Assembly of each State in India must appoint one of its members as the Speaker in accordance with Article 178 of the Indian Constitution. Speaker, Deputy Speaker, Chairman, Deputy Chairman, and others serve as the state legislature's presiding officers.
Deputy Speaker And Speaker
• In the Legislative Assembly, the roles of the Speaker and Deputy Speaker are identical.
• The same is covered in Article 178 of the Indian Constitution. This article stipulates that the Legislative Assembly should elect the Speaker and Deputy Speaker.
• It is also specified in this that the Legislative Assembly will be responsible for selecting a new Speaker and Deputy Speaker, respectively, in the event that such positions become vacant.
Removal From The Positions of Speaker And Deputy Speaker, As Well As The Process of Vacation And Resignation
The Indian Constitution's provisions in Article 179 state that a person who serves as Speaker or Deputy Speaker of an Assembly:
(a) Shall resign from his position if he is no longer an Assembly member.
(b) May resign from his position at any time by writing under his hand addressed to the Speaker if he is the Speaker and to the Deputy Speaker if he is the Deputy Speaker.
(c) Might have his position terminated by an Assembly resolution approved by a majority of the Assembly's members at the time.
Furthermore, in the event of a dissolution of the Assembly, the Speaker shall not leave his position until the morning of the first assembly sitting following the dissolution.
Speaker's Functions And Powers
• The Speaker of the state's Legislative Assembly has the authority to preside over its sessions under the provisions of Article 178. According to Article 93 of the Indian Constitution, the Speaker of the Lok Sabha has similar authority.
• The Speaker's primary duties include presiding over Legislative Assembly sessions and preserving decorum and order in the chamber.
• The Speaker is in charge of the assembly. He has the authority to determine whether or not the bill is a money bill.
• Additionally, the Speaker's judgment cannot be contested in a court of law. In accordance with the Speaker's consent, money bills are delivered to the Legislative Council. The Consolidated Fund of State provides funding for the Speaker's pay.
The Speaker's additional duties and authority include the following:
(a) He or she abstains from the assembly's discussion.
(b) Only casts a ballot when a tie-breaking condition is present.
(c) He/she checks to verify if the required quorum is present.
(d) When the required quorum is not present, he has the authority to adjourn or suspend the Legislative Assembly's meeting and to uphold House discipline.
(e) For their disruptive behavior, he or she has the authority to suspend or expel the member.
Deputy Chairman And The Chairman
• The Legislative Council's operation is very intricate. It is also challenging to comprehend the membership procedure, how the leader of the body is chosen, and the authority of the Legislative Council.
• A Chairman and Deputy Chairman must be chosen by the Legislative Council in accordance with Article 182 of the Indian Constitution.
• Additionally, it states that as soon as a vacancy occurs in either position, the Legislative Council must select the new Chairman and Deputy Chairman.
• The positions of chairman and deputy chairman are frequently vacant.
• However, Article 183 of the constitution specifies the cause for their dismissal or resignation. The following are the causes:
• If they are not Legislative Council members, they should not continue in their position.
• By exchanging written letters of resignation.
• A resolution can be adopted in the Council to have them dismissed. However, this resolution ought to be backed by the majority of the members. When passing a resolution, it's crucial to keep in mind that a notice of intention must be made prior to 14 days.
Powers of The Deputy Chairman or Any Person Who Serves As Chairman or Acts In That Capacity
According to Indian Constitution's Article 184:
(a) While the position of Chairman is empty, the Deputy Chairman or, if the position of Deputy Chairman is also vacant, a member of the Council that the Governor may select for the purpose, shall fulfil the functions of the office.
(b) In the event that the Chairman is unable to preside over a meeting of the Council, the Deputy Chairman, or, if he is also absent, such person as the Council's rules of procedure may designate, or, in the absence of such a person, such other person as the Council may determine, shall preside.