Speaker and Deputy Speaker of Legislative Assembly
Article 178 requires every State Legislative Assembly to elect a Speaker and Deputy Speaker from its own members to preside over its proceedings.
At a glance
The two presiding officers of a State Legislative Assembly, elected from among its own members under Article 178.
Article 178: the Assembly chooses a Speaker and Deputy Speaker as soon as may be, and refills either office promptly on vacancy.
Ensures the House always has a presiding officer to conduct business, even across dissolution and mid-term vacancies.
Speaker and Deputy Speaker of Legislative Assembly are the two presiding officers that every State Legislative Assembly in India must choose from among its own elected members under Article 178 of the Constitution. The Speaker conducts and controls the business of the House, while the Deputy Speaker discharges the same duties when the Speaker's office is vacant or the Speaker is absent. Together, they anchor the day-to-day functioning of the state's lower (or only) House.
Constitutional Basis: Article 178
Article 178 states that "every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof." The provision also requires the Assembly to fill either office promptly whenever it falls vacant, by choosing another member to the post. This mirrors the arrangement for the Lok Sabha under Article 93, and for the Legislative Council under Article 182 with its Chairman and Deputy Chairman.
Election and Eligibility
Only a sitting member of the Legislative Assembly can be chosen Speaker or Deputy Speaker — there is no provision for bringing in an outsider, unlike the Governor's office. Because both posts are filled "as soon as may be" after a general election, the Assembly typically elects its Speaker at the very start of its term, before other business is transacted, and the same process repeats whenever a vacancy arises mid-term.
Powers and Functions
As presiding officer, the Speaker regulates the proceedings and maintains order in the House, decides procedural questions, and rules on whether a Bill is a Money Bill. On matters put to vote, the Speaker does not vote in the first instance but holds and exercises a casting vote in case of a tie — the same principle that governs voting in the Houses of Parliament. When the Deputy Speaker presides over a sitting, he or she exercises all the powers of the Speaker for that sitting.
Vacation of Office, Resignation and Continuance
A Speaker or Deputy Speaker vacates office on ceasing to be a member of the Assembly, on resignation, or on removal by the House. Importantly, on the dissolution of the Legislative Assembly, the Speaker does not vacate office immediately — the office continues until immediately before the first meeting of the newly constituted Assembly. This ensures the House is never left without a presiding officer during the transition between two Assemblies.
Removal from Office
A resolution for the removal of the Speaker or Deputy Speaker can be moved in the Assembly only after at least fourteen days' notice has been given of the intention to move it. While such a resolution is under consideration, the officer whose removal is sought does not preside over the sitting and has no right to speak or to vote in the first instance on the resolution — though the general rule of voting still permits a casting vote once past that stage. This keeps the removal process free of the presiding officer's own procedural control.
Deputy Speaker: Acting for the Speaker
Where the Speaker's office is vacant, or the Speaker is absent from a sitting, the Deputy Speaker (or another member as the House may determine) performs the duties of the office. This arrangement, drawn from the corresponding structure for the Chairman and Deputy Chairman of the Legislative Council, guarantees an unbroken chain of presiding authority.
Comparable Provisions: State Assembly and Lok Sabha
| Subject | State Legislative Assembly | Lok Sabha (analogous) |
|---|---|---|
| Election of presiding officers | Article 178 | Article 93 |
| Vacation, resignation, removal | Article 179 | Article 94 |
| Deputy officiating for Speaker | Article 180 | Article 95 |
| Not to preside during removal resolution | Article 181 | Article 96 |
| Salaries and allowances | Article 186 | Article 97 |
| Secretariat | Article 187 | Article 98 |
Salaries, Allowances and Secretariat
The salaries and allowances of the Speaker and Deputy Speaker of the Legislative Assembly are charged on the Consolidated Fund of the State, along with those of the Chairman and Deputy Chairman of the Legislative Council where one exists. The State Legislature also maintains its own secretariat under Article 187, distinct from the state's general administrative machinery.
UPSC Relevance
Prelims
- Article number for Speaker/Deputy Speaker of the Legislative Assembly (178) and its Lok Sabha counterpart (93).
- Continuance of the Speaker in office despite dissolution of the Assembly.
- Notice period (fourteen days) for a removal resolution and the Speaker's restricted role while it is pending.
Mains
- The institutional safeguards built into Articles 178–181 for the independence and continuity of the presiding officer's office in a State Legislature.
- Comparative analysis of the Speaker's role in the Assembly versus the Chairman's role in the Legislative Council.
FAQ
Q1. Which article of the Constitution provides for the Speaker and Deputy Speaker of a State Legislative Assembly? Article 178 requires every State Legislative Assembly to choose two of its members as Speaker and Deputy Speaker, and to fill either vacancy promptly.
Q2. Can a person who is not a member of the Legislative Assembly be elected Speaker? No. Article 178 confines the choice to members of the Assembly itself.
Q3. Does the Speaker lose office when the Assembly is dissolved? No. The Speaker continues in office until immediately before the first meeting of the Assembly after dissolution, ensuring continuity of the office.
Q4. What notice is required to move a resolution for removing the Speaker? At least fourteen days' notice of the intention to move the resolution must be given before it can be considered.
Q5. Who performs the Speaker's duties when the office is vacant? The Deputy Speaker performs the duties of the Speaker's office when it is vacant or when the Speaker is absent from a sitting.
Quick Revision
- Article 178: Assembly chooses Speaker and Deputy Speaker from its own members.
- Vacancy in either office is filled promptly by fresh choice.
- Speaker does not vacate office on dissolution — continues till the first meeting of the next Assembly.
- Removal resolution needs 14 days' notice; Speaker cannot preside or vote first while it is pending.
- Deputy Speaker exercises full powers of Speaker while presiding.
- 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
Assembly to choose Speaker and Deputy Speaker from among its members.
Vacation, resignation and removal from the offices of Speaker and Deputy Speaker.
Deputy Speaker (or another member) to perform the Speaker's duties when the office is vacant.
Speaker/Deputy Speaker not to preside while a resolution for removal is under consideration.
Salaries and allowances of Speaker and Deputy Speaker charged on the Consolidated Fund of the State.