Chairman and Deputy Chairman of Legislative Council
Article 182 requires every State Legislative Council to elect a Chairman and Deputy Chairman from its own members to preside over its sittings.
At a glance
The two presiding officers of a State Legislative Council, elected from among its own members under Article 182.
Article 182: the Council chooses a Chairman and Deputy Chairman as soon as may be, and refills either office promptly on vacancy.
Unlike the Rajya Sabha, where the Vice-President is ex officio Chairman, a state Council's Chairman is always an elected member.
Chairman and Deputy Chairman of Legislative Council are the two presiding officers that a State Legislative Council — the upper House found in states that have chosen to retain one — must elect from among its own members under Article 182 of the Constitution. The Chairman conducts the business of the Council, and the Deputy Chairman steps in whenever the Chairman's office is vacant or the Chairman is absent.
Constitutional Basis: Article 182
Article 182 provides that "the Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof," and that whenever either office falls vacant, the Council shall promptly choose another member to fill it. This applies only in states that have a bicameral legislature, since a Legislative Council is optional and exists only where Parliament has created one for that state.
Election from Within the Council
Both the Chairman and the Deputy Chairman must be members of the Legislative Council itself — the Constitution gives the Council no power to look outside its own membership. This mirrors the arrangement for the Speaker and Deputy Speaker of the Legislative Assembly under Article 178, and for the Speaker of the Lok Sabha under Article 93.
A Key Contrast: The Rajya Sabha's Chairman
It is worth noting how differently the analogous office works at the Union level. Under Article 89, the Vice-President of India is the ex officio Chairman of the Rajya Sabha — that House elects only a Deputy Chairman from among its members, while the Chairman's post is filled automatically by whoever holds the office of Vice-President. A State Legislative Council has no such external, ex officio Chairman: both its Chairman and Deputy Chairman are chosen from among sitting members, exactly like the Assembly's Speaker and Deputy Speaker. This distinction is a frequent source of confusion and a recurring point tested at the objective level.
Powers and Functions
As presiding officer, the Chairman regulates proceedings and maintains order in the Council. On questions put to vote, the Chairman does not vote in the first instance but exercises a casting vote in the event of a tie — the same principle that applies to the Speaker of the Assembly and to presiding officers of the Houses of Parliament. When the Deputy Chairman presides over a sitting, he or she exercises the full powers of the Chairman for that sitting.
Vacation, Resignation and Removal
A Chairman or Deputy Chairman vacates office on ceasing to be a member of the Council, may resign, or may be removed by a resolution of the Council. While a resolution for removal is under consideration, the officer concerned does not preside over that sitting, in the same manner as the corresponding rule for the Speaker and Deputy Speaker of the Assembly.
Acting for the Chairman
When the office of Chairman is vacant, or the Chairman is absent from a sitting, the Deputy Chairman — or such other member as the Council may determine — performs the duties of the office. This keeps the Council's proceedings from being disrupted by a temporary or unexpected vacancy.
Comparable Provisions Across the Legislature
| Subject | Legislative Council (State) | Legislative Assembly (State) | Rajya Sabha (Union) |
|---|---|---|---|
| Presiding officer chosen from | Council's own members | Assembly's own members | Vice-President (ex officio Chairman); Deputy Chairman from members |
| Election/appointment provision | Article 182 | Article 178 | Article 89 |
| Vacation, resignation, removal | Article 183 | Article 179 | Article 90 |
| Deputy officiating for the head | Article 184 | Article 180 | Article 91 |
| Not to preside during removal resolution | Article 185 | Article 181 | Article 92 |
Salaries, Allowances and Secretariat
The salaries and allowances of the Chairman and Deputy Chairman of the Legislative Council, like those of the Speaker and Deputy Speaker of the Assembly, are charged on the Consolidated Fund of the State under Article 186. The State Legislature maintains a common secretariat under Article 187.
UPSC Relevance
Prelims
- Article 182 and the fact that both Chairman and Deputy Chairman of a Legislative Council are chosen from among its own members.
- The contrast with Article 89: the Rajya Sabha's Chairman is the Vice-President ex officio, not an elected member.
- The casting-vote rule for the Chairman when the House is equally divided.
Mains
- Structural differences between the presiding officers of the Union's upper House and a state's Legislative Council, and what this reveals about the differing constitutional design of the two bicameral chambers.
- The role of the Chairman in maintaining the functioning and dignity of a Legislative Council.
FAQ
Q1. Which article provides for the Chairman and Deputy Chairman of a State Legislative Council? Article 182 requires every Legislative Council to choose two of its members as Chairman and Deputy Chairman, and to promptly fill either vacancy.
Q2. Is the Chairman of a Legislative Council the same kind of office as the Chairman of the Rajya Sabha? No. The Rajya Sabha's Chairman is the Vice-President of India, holding the post ex officio under Article 89. A Legislative Council's Chairman, by contrast, is elected from among the Council's own members under Article 182.
Q3. Does the Chairman vote on ordinary questions before the Council? The Chairman does not vote in the first instance but exercises a casting vote when the votes are equally divided.
Q4. Who presides over the Council when the Chairman's office is vacant? The Deputy Chairman, or another member as the Council may determine, performs the duties of the Chairman's office.
Q5. Do all states have a Chairman and Deputy Chairman of a Legislative Council? Only states that have a Legislative Council — a bicameral state legislature — have these offices; states with a unicameral legislature have only a Speaker and Deputy Speaker.
Quick Revision
- Article 182: Legislative Council chooses Chairman and Deputy Chairman from its own members.
- Unlike the Rajya Sabha (Vice-President is ex officio Chairman, Article 89), the Council's Chairman is an elected member.
- Chairman does not vote first but holds a casting vote in a tie.
- Vacation/removal (Article 183) and non-presiding during a removal resolution (Article 185) mirror the Assembly's Speaker provisions.
- Salaries charged on the Consolidated Fund of the State (Article 186).
Sources
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
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Constitutional provisions
Legislative Council to choose Chairman and Deputy Chairman from among its members.
Vacation, resignation and removal from the offices of Chairman and Deputy Chairman.
Deputy Chairman (or another member) to perform the Chairman's duties when the office is vacant.
Chairman/Deputy Chairman not to preside while a resolution for removal is under consideration.
Salaries and allowances charged on the Consolidated Fund of the State.