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Deputy Speaker of Legislative Assembly

UPSC Civil Services• POLITY• State Legislature• Deputy Speaker of Legislative Assembly
Explains the Deputy Speaker of the Legislative Assembly under Articles 178–181, covering election, qualifications, role, powers under Article 180, presiding functions, casting vote, vacancy of the Speaker's office, resignation, removal, 14-day notice, removal proceedings, relationship with the Speaker and Governor, anti-defection role, UPSC Prelims facts and traps, memory tricks, and Mains and reform perspectives.

Deputy Speaker of Legislative Assembly

Introduction

The Deputy Speaker is the second-highest presiding officer of the Legislative Assembly.

The constitutional provisions relating to the Deputy Speaker are mainly contained in:

  • Article 178 — Speaker and Deputy Speaker
  • Article 179 — Vacation, resignation and removal
  • Article 180 — Powers of Deputy Speaker
  • Article 181 — Speaker or Deputy Speaker not to preside during removal proceedings

The Deputy Speaker ensures continuity of the Assembly's proceedings when the Speaker is:

  • Absent
  • Unable to perform the functions of office
  • The office of Speaker is vacant

1. Constitutional Basis

Article 178

Every Legislative Assembly chooses two members as:

  • Speaker
  • Deputy Speaker

Therefore:

Deputy Speaker → Elected by Legislative Assembly

The Deputy Speaker is not appointed by the Governor.


2. Election of Deputy Speaker

The Deputy Speaker is elected by:

Members of the Legislative Assembly

The Constitution does not prescribe that the Deputy Speaker must belong to the opposition.

However, parliamentary conventions often favour giving the position to a member from a party other than the ruling party.


3. Qualifications

The Deputy Speaker must be:

A member of the Legislative Assembly

There is no separate constitutional qualification specifically prescribed for becoming Deputy Speaker beyond being a member of the Assembly.

The person must therefore satisfy the constitutional and statutory requirements for membership of the Legislative Assembly.


4. Role of Deputy Speaker

The primary role of the Deputy Speaker is to:

Preside over the Legislative Assembly when required

The Deputy Speaker performs the functions of the Speaker when:

  • The Speaker is absent
  • The Speaker is unable to perform the functions of office
  • The office of Speaker is vacant

5. Powers of Deputy Speaker

Article 180

When acting as Speaker, the Deputy Speaker exercises:

All the powers of the Speaker

This includes powers relating to:

  • Conduct of proceedings
  • Maintenance of order
  • Recognition of members
  • Procedural decisions
  • Voting as presiding officer
  • Legislative business

Therefore:

Deputy Speaker acting as Speaker = Speaker's powers


6. Deputy Speaker as Presiding Officer

When the Deputy Speaker presides over the Assembly, the Deputy Speaker occupies the chair and conducts proceedings.

The Deputy Speaker can:

  • Maintain order
  • Regulate debate
  • Decide procedural matters
  • Allow members to speak
  • Conduct voting according to the rules

The Deputy Speaker is expected to maintain the same institutional impartiality while presiding.


7. Casting Vote

When presiding over the Assembly, the Deputy Speaker generally does not vote in the first instance.

If there is an equality of votes, the Deputy Speaker can exercise a:

Casting Vote

Therefore:

Normal vote → No

Tie → Casting vote

This follows the constitutional principle applicable to the presiding officer.


8. When Speaker's Office Is Vacant

If the office of Speaker is vacant, the:

Deputy Speaker performs the duties of Speaker

until a new Speaker assumes office.

This ensures that the Assembly does not remain without a presiding authority.


9. When Speaker Is Absent

If the Speaker is present in office but is temporarily absent or unable to perform the functions of office:

Deputy Speaker presides

The Deputy Speaker therefore provides institutional continuity in the Assembly.


10. When Both Offices Are Vacant

If both:

  • Speaker's office
  • Deputy Speaker's office

are vacant, the Governor may appoint a member of the Assembly to perform the duties of the Speaker.

This ensures that the Assembly can continue to function.


11. Term of Deputy Speaker

The Deputy Speaker normally continues in office:

As long as they remain a member of the Legislative Assembly

However, the Constitution specifically provides circumstances in which the office becomes vacant.

Under Article 179, the Deputy Speaker vacates office if:

  • They cease to be a member of the Assembly
  • They resign
  • They are removed by a resolution of the Assembly

12. Resignation

The Deputy Speaker resigns by writing addressed to the:

Speaker

Therefore:

Speaker → Resigns to Deputy Speaker

Deputy Speaker → Resigns to Speaker

This is an important Prelims fact.


13. Removal

The Deputy Speaker can be removed by:

A resolution of the Legislative Assembly

The resolution requires:

Majority of all the then members of the Assembly

This is not merely a majority of members present and voting.


14. Notice for Removal

A resolution for removal requires:

14 days' notice

before it can be moved.

Therefore:

14 days → Removal Notice

Majority of all then members → Removal


15. Deputy Speaker During Removal Proceedings

Under Article 181:

The Deputy Speaker cannot preside over a sitting of the Assembly when a resolution for their own removal is under consideration.

Therefore:

Own removal motion → Cannot preside

This protects procedural fairness.


16. Deputy Speaker and Speaker Removal

If a resolution for removal of the:

Speaker

is under consideration, the Speaker cannot preside.

The Deputy Speaker presides over the proceedings.

Thus:

Speaker's removal → Deputy Speaker presides

Similarly:

Deputy Speaker's removal → Deputy Speaker cannot preside


17. Deputy Speaker and Dissolution

The Deputy Speaker's office is connected to the Legislative Assembly.

Unlike the Speaker, the Constitution does not provide the same special continuation of office after dissolution.

The Speaker continues until immediately before the first meeting of the new Assembly under Article 179.

The Deputy Speaker's position therefore differs from the Speaker in this respect.


18. Deputy Speaker vs Speaker

FeatureSpeakerDeputy Speaker
Constitutional Article178178
Elected byAssemblyAssembly
Primary rolePresiding officerDeputy presiding officer
Presides normallyYesWhen required
Resignation submitted toDeputy SpeakerSpeaker
RemovalAssembly resolutionAssembly resolution
Removal notice14 days14 days
Casting voteYesYes, when presiding
Removal proceedingsCannot presideCannot preside over own removal
Anti-defection roleApplicable under Tenth ScheduleApplicable under Tenth Schedule when authorised

19. Deputy Speaker vs Governor

Deputy SpeakerGovernor
Presiding officer of AssemblyConstitutional head of State
Elected by AssemblyAppointed by President
Conducts Assembly proceedingsSummons and prorogues Legislature
Maintains orderCan dissolve Assembly
Member of AssemblyNot a member of Legislature
Article 178Article 153 onwards

20. Deputy Speaker and Legislative Council

The Deputy Speaker belongs to the:

Legislative Assembly

The corresponding presiding officers of the Legislative Council are:

  • Chairman
  • Deputy Chairman

Therefore:

Assembly → Speaker + Deputy Speaker

Council → Chairman + Deputy Chairman


21. Importance of the Deputy Speaker

The Deputy Speaker provides:

Continuity

The Assembly can function when the Speaker is unavailable.

Procedural Support

The Deputy Speaker assists in managing legislative proceedings.

Institutional Balance

The Deputy Speaker can provide an additional presiding authority independent of day-to-day political debate.

Parliamentary Functioning

The office ensures that legislative business can continue smoothly.


22. Deputy Speaker and Parliamentary Neutrality

Like the Speaker, the Deputy Speaker is expected to act impartially while presiding over the House.

The Deputy Speaker should:

  • Apply procedural rules fairly
  • Protect the rights of members
  • Maintain order
  • Allow meaningful debate
  • Avoid partisan conduct while in the Chair

The credibility of the office depends on:

Procedural Neutrality


23. Deputy Speaker and Anti-Defection

The Tenth Schedule provides for decisions on disqualification on grounds of defection by the:

Speaker

or:

Chairman

as applicable.

The Deputy Speaker does not ordinarily become the designated authority merely by virtue of being Deputy Speaker.

However, where the Deputy Speaker is presiding in circumstances provided by law or constitutional procedure, the relevant statutory and constitutional provisions must be applied carefully.

For UPSC, remember:

Assembly Anti-Defection → Speaker

Council Anti-Defection → Chairman


24. UPSC Prelims Facts

  • Article 178 provides for Speaker and Deputy Speaker.
  • Deputy Speaker is elected by the Legislative Assembly.
  • Deputy Speaker is not appointed by the Governor.
  • Deputy Speaker must be a member of the Legislative Assembly.
  • Article 180 deals with the Deputy Speaker's powers.
  • Deputy Speaker presides when the Speaker is absent or unable to perform duties.
  • Deputy Speaker performs the duties of Speaker when the Speaker's office is vacant.
  • If both offices are vacant, the Governor may appoint an Assembly member to perform the Speaker's duties.
  • Deputy Speaker resigns by writing to the Speaker.
  • Deputy Speaker can be removed by a resolution of the Assembly.
  • Removal requires a majority of all the then members.
  • 14 days' notice is required for removal.
  • Deputy Speaker cannot preside during consideration of their own removal resolution.
  • Deputy Speaker can exercise a casting vote when presiding and votes are equally divided.
  • Speaker and Deputy Speaker belong to the Legislative Assembly.
  • Chairman and Deputy Chairman belong to the Legislative Council.

25. UPSC Prelims Traps

Trap 1

"Governor appoints the Deputy Speaker."

False

The Assembly elects the Deputy Speaker.


Trap 2

"Deputy Speaker is elected by the people."

False

The Deputy Speaker is elected by the members of the Legislative Assembly.


Trap 3

"Deputy Speaker automatically becomes Speaker permanently."

False

The Deputy Speaker performs the Speaker's functions when constitutionally required.


Trap 4

"Deputy Speaker can preside over their own removal motion."

False

The Deputy Speaker cannot preside when a resolution for their own removal is under consideration.


Trap 5

"Deputy Speaker resigns to the Governor."

False

The Deputy Speaker resigns to the Speaker.


Trap 6

"Deputy Speaker can be removed by a simple majority of members present and voting."

False

Removal requires a majority of all the then members of the Assembly.


Trap 7

"Deputy Speaker has no casting vote."

False

When presiding, the Deputy Speaker can exercise a casting vote in case of equality.


Trap 8

"Deputy Speaker is the anti-defection authority under the Tenth Schedule."

False

The designated authority for Assembly cases is the Speaker.


26. Easy Memory Trick

Articles

178 → Speaker + Deputy Speaker
179 → Vacation, Resignation, Removal
180 → Deputy Speaker's Powers
181 → No Presiding During Removal
Resignation
Speaker → Deputy Speaker
Deputy Speaker → Speaker
Removal
14 Days Notice
+
Majority of All Then Members
Presiding
Speaker absent
      ↓
Deputy Speaker presides
27. Quick Revision
LEGISLATIVE ASSEMBLY
        ↓
Elects
   ┌────┴────┐
   ↓         ↓
Speaker   Deputy Speaker
             ↓
     Acts as Speaker when:
     • Speaker absent
     • Speaker unable
     • Office vacant
             ↓
     Exercises Speaker's
           powers
28. Mains Perspective

The Deputy Speaker is an important institutional safeguard for the continuity of legislative proceedings.

Although the office is less visible than that of the Speaker, it ensures that:

Legislative business continues
Proceedings do not stop due to the Speaker's absence
Procedural authority remains available
The Assembly maintains institutional continuity

The effectiveness of the office depends on:

Impartiality + Procedural Competence + Institutional Independence

29. Reform Perspective

The effectiveness of the Deputy Speaker's office can be strengthened through:

Timely Election

The post should be filled promptly after constitution of the Assembly.

Opposition Representation

Parliamentary conventions favouring broader political representation can strengthen confidence in the office.

Procedural Independence

The Deputy Speaker should be able to perform duties without undue political pressure.

Clear Rules

Procedural responsibilities should be clearly defined in the Assembly's rules.

30. Conclusion

The Deputy Speaker is the principal alternate presiding officer of the Legislative Assembly.

The key provisions are:

Article 178 → Speaker + Deputy Speaker

Article 179 → Vacation, resignation and removal

Article 180 → Deputy Speaker's powers

Article 181 → Cannot preside during own removal proceedings

The easiest way to remember the role is:

Speaker unavailable → Deputy Speaker presides

The office ensures:

Continuity + Order + Procedural Functioning + Legislative Stability