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Deputy Chairman of Legislative Council

UPSC Civil Services• POLITY• State Legislature• Deputy Chairman of Legislative Council
Explains the Deputy Chairman of the Legislative Council under Articles 182–186, covering election, qualifications, role, powers under Article 184, presiding functions, casting vote, vacancy of the Chairman's office, resignation, removal, 14-day notice, removal proceedings, relationship with the Chairman, Deputy Speaker and Governor, the permanent nature of the Legislative Council, legislative procedure, anti-defection, UPSC Prelims facts and traps, memory tricks, and Mains and reform perspectives.

Deputy Chairman of Legislative Council

Introduction

The Deputy Chairman is the second presiding officer of the Legislative Council in a State having a bicameral Legislature.

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

  • Article 182 — Chairman and Deputy Chairman
  • Article 183 — Vacation, resignation and removal
  • Article 184 — Powers of Deputy Chairman or other person to perform duties
  • Article 185 — Chairman or Deputy Chairman not to preside during removal proceedings
  • Article 186 — Salaries and allowances

The Deputy Chairman ensures continuity of the Legislative Council's proceedings when the Chairman is:

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

1. Constitutional Basis

Article 182

Every Legislative Council chooses two members as:

  • Chairman
  • Deputy Chairman

Therefore:

Deputy Chairman → Elected by Legislative Council

The Deputy Chairman is not appointed by the Governor.


2. Election of Deputy Chairman

The Deputy Chairman is elected by:

Members of the Legislative Council

The Constitution does not prescribe that the Deputy Chairman must belong to the ruling party or opposition.

In practice, political conventions may influence the election.


3. Qualifications

The Deputy Chairman must be:

A member of the Legislative Council

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

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


4. Role of Deputy Chairman

The primary role of the Deputy Chairman is to:

Preside over the Legislative Council when required

The Deputy Chairman performs the functions of the Chairman when:

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

5. Powers of Deputy Chairman

Article 184

When acting as Chairman, the Deputy Chairman exercises:

All the powers of the Chairman

This includes powers relating to:

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

Therefore:

Deputy Chairman acting as Chairman = Chairman's powers


6. Deputy Chairman as Presiding Officer

When the Deputy Chairman presides over the Council, the Deputy Chairman:

  • Occupies the Chair
  • Conducts proceedings
  • Maintains order
  • Regulates debate
  • Decides procedural matters
  • Ensures orderly legislative business

The Deputy Chairman is expected to maintain impartiality while presiding.


7. Casting Vote

When presiding over the Legislative Council, the Deputy Chairman generally does not vote in the first instance.

In case of:

Equality of votes

the Deputy Chairman may exercise a:

Casting Vote

Therefore:

Normal voting → No vote
Equality of votes → Casting vote
8. When Chairman's Office Is Vacant

If the office of Chairman is vacant, the:

Deputy Chairman performs the duties of Chairman

until a new Chairman assumes office.

This ensures continuity in the functioning of the Legislative Council.

9. When Chairman Is Absent

If the Chairman is temporarily absent or unable to perform the functions of office:

Deputy Chairman presides

The Deputy Chairman therefore acts as the alternate presiding authority of the Council.

10. When Both Offices Are Vacant

If both:

Chairman's office
Deputy Chairman's office

are vacant, the Governor may appoint a member of the Legislative Council to perform the duties of the Chairman.

This ensures that the Council can continue to function.

11. Term of Deputy Chairman

The Deputy Chairman vacates office if:

They cease to be a member of the Legislative Council
They resign
They are removed by a resolution of the Legislative Council

The office is therefore connected to membership of the Council, subject to the constitutional provisions governing vacation and removal.

12. Resignation

The Deputy Chairman resigns by writing addressed to the:

Chairman

Therefore:

Chairman → Resigns to Deputy Chairman

Deputy Chairman → Resigns to Chairman

This is an important UPSC Prelims fact.

13. Removal

The Deputy Chairman can be removed from office by:

A resolution of the Legislative Council

The resolution requires:

Majority of all the then members of the Council

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

14. Notice for Removal

A resolution for removal requires:

14 days' notice

before the resolution can be moved.

Therefore:

14 days → Removal Notice

Majority of all then members → Removal

15. Deputy Chairman During Removal Proceedings

Under Article 185:

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

The Chairman presides in such circumstances, subject to the constitutional provisions.

The same principle applies to the Chairman:

Chairman's removal → Chairman cannot preside

16. Deputy Chairman and Chairman Removal

If a resolution for removal of the:

Chairman

is under consideration, the Chairman cannot preside.

The Deputy Chairman presides over the proceedings.

Thus:

Chairman removal → Deputy Chairman presides

Similarly:

Deputy Chairman removal → Deputy Chairman cannot preside

17. Deputy Chairman and Permanent Nature of Council

The Legislative Council is a:

Permanent House

Therefore:

Council cannot be dissolved

The Deputy Chairman serves in a House that continues to exist even when the Legislative Assembly is dissolved.

However, individual Council members have a:

Six-year term

with:

One-third retiring every two years.

18. Deputy Chairman and Prorogation

The Deputy Chairman does not have the constitutional power to prorogue the Legislative Council.

Under Article 174:

Governor → Prorogues the House

The Deputy Chairman's role is to conduct proceedings when presiding.

Therefore:

Deputy Chairman → Conducts proceedings

Governor → Prorogues the Council

19. Deputy Chairman and Summoning

The Deputy Chairman does not summon the Legislative Council.

The:

Governor

summons the House under Article 174.

The Deputy Chairman becomes relevant primarily when the Council is sitting and the Deputy Chairman is required to preside.

20. Deputy Chairman and Legislative Procedure

The Deputy Chairman, while presiding, regulates proceedings according to:

Constitution
Rules of Procedure
Legislative conventions
Parliamentary practices

The Deputy Chairman may regulate:

Debate
Motions
Points of order
Voting
Legislative business
21. Deputy Chairman and Committees

The Deputy Chairman may have procedural responsibilities relating to Legislative Council committees according to the applicable rules.

The committee system enables detailed examination of:

Bills
Government policies
Expenditure
Administrative matters

The precise committee powers depend on the Council's rules and constitutional framework.

22. Deputy Chairman and Council Privileges

While presiding, the Deputy Chairman helps protect:

Rights of members
Legislative privileges
Dignity of the Council
Orderly proceedings

The Deputy Chairman therefore contributes to the institutional functioning of the Council.

23. Deputy Chairman and Anti-Defection

Under the Tenth Schedule, questions of disqualification on grounds of defection involving Legislative Council members are decided by the:

Chairman

The Deputy Chairman is not the designated authority merely because they are presiding over the Council.

Therefore, remember:

Assembly → Speaker

Council → Chairman

24. Deputy Chairman vs Chairman
Feature	Chairman	Deputy Chairman
Constitutional Article	182	182
Elected by	Legislative Council	Legislative Council
Primary role	Presiding officer	Alternate presiding officer
Presides normally	Yes	When required
Resignation submitted to	Deputy Chairman	Chairman
Removal	Council resolution	Council resolution
Removal notice	14 days	14 days
Casting vote	Yes	Yes, when presiding
Anti-defection authority	Chairman	Not ordinarily
Permanent House	Yes	Yes
25. Deputy Chairman vs Deputy Speaker
Deputy Chairman	Deputy Speaker
Legislative Council	Legislative Assembly
Article 182	Article 178
Elected by Council	Elected by Assembly
Assists Chairman	Assists Speaker
Council is permanent	Assembly is temporary
Council cannot be dissolved	Assembly can be dissolved
Chairman is superior presiding officer	Speaker is superior presiding officer
26. Deputy Chairman vs Governor
Deputy Chairman	Governor
Presiding officer of Council	Constitutional head of State
Elected by Council	Appointed by President
Conducts Council proceedings	Summons and prorogues Legislature
Maintains order in Council	Can dissolve Assembly
Member of Council	Not a member of Legislature
Article 182	Article 153 onwards
27. Importance of Deputy Chairman

The Deputy Chairman provides:

Continuity

Council proceedings can continue when the Chairman is unavailable.

Procedural Support

The Deputy Chairman assists in conducting legislative business.

Institutional Stability

The office ensures that the Council has an alternate presiding authority.

Parliamentary Functioning

The Deputy Chairman helps maintain orderly and effective proceedings.

28. Challenges

The Deputy Chairman's office can face challenges such as:

Political Pressure

The Deputy Chairman is elected from among political representatives.

Procedural Disputes

Rulings during contentious proceedings can become politically sensitive.

Legislative Disruptions

Maintaining order during heated debates can be difficult.

Institutional Independence

The office must balance political affiliation with procedural neutrality.

29. Reform Perspective

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

Timely Election

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

Procedural Neutrality

The Deputy Chairman should maintain impartiality while presiding.

Clear Rules

Procedural responsibilities should be clearly defined.

Stronger Committee Functioning

Committees should receive adequate time and resources.

Institutional Autonomy

The Council Secretariat should have adequate independence to support legislative functioning.

30. UPSC Prelims Facts
Article 182 deals with Chairman and Deputy Chairman of the Legislative Council.
Deputy Chairman is elected by the Legislative Council.
Deputy Chairman is not appointed by the Governor.
Deputy Chairman must be a member of the Legislative Council.
Article 184 deals with the Deputy Chairman's powers or other arrangements for performing the Chairman's duties.
Deputy Chairman presides when the Chairman is absent or unable to perform duties.
Deputy Chairman performs the Chairman's duties when the Chairman's office is vacant.
If both offices are vacant, the Governor may appoint a Council member to perform the Chairman's duties.
Deputy Chairman resigns by writing to the Chairman.
Deputy Chairman can be removed by a resolution of the Legislative Council.
Removal requires a majority of all the then members.
14 days' notice is required for removal.
Deputy Chairman cannot preside during consideration of their own removal resolution.
Deputy Chairman can exercise a casting vote when presiding and votes are equally divided.
Chairman, not Deputy Chairman, is the designated authority for Council anti-defection cases.
Legislative Council is a permanent House.
Governor, not Deputy Chairman, summons and prorogues the Council.
31. UPSC Prelims Traps
Trap 1

"Governor appoints the Deputy Chairman."

False

The Legislative Council elects the Deputy Chairman.

Trap 2

"Deputy Chairman is elected directly by the people."

False

The Council members elect the Deputy Chairman.

Trap 3

"Deputy Chairman can dissolve the Legislative Council."

False

The Council is a permanent House.

Trap 4

"Deputy Chairman can preside over their own removal resolution."

False

The Deputy Chairman cannot preside during consideration of their own removal.

Trap 5

"Deputy Chairman resigns to the Governor."

False

The Deputy Chairman resigns to the Chairman.

Trap 6

"Deputy Chairman decides Council anti-defection cases."

False

The Chairman is the designated authority under the Tenth Schedule.

Trap 7

"Deputy Chairman summons the Legislative Council."

False

The Governor summons the House under Article 174.

Trap 8

"Deputy Chairman has no casting vote."

False

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

32. Easy Memory Trick
Articles
182 → Chairman + Deputy Chairman
183 → Vacation, Resignation, Removal
184 → Deputy Chairman's Powers
185 → No Presiding During Removal
186 → Salaries and Allowances
Resignation
Chairman → Deputy Chairman
Deputy Chairman → Chairman
Presiding Officers
Assembly → Speaker + Deputy Speaker
Council → Chairman + Deputy Chairman
Anti-Defection
Assembly → Speaker
Council → Chairman
33. Quick Revision
LEGISLATIVE COUNCIL
        ↓
Elects
   ┌────┴────┐
   ↓         ↓
Chairman  Deputy Chairman
              ↓
       Presides when:
       • Chairman absent
       • Chairman unable
       • Chairman's office vacant
              ↓
       Exercises Chairman's
             powers
34. Mains Perspective

The Deputy Chairman is an important institutional mechanism for ensuring continuity in the functioning of the Legislative Council.

Although the Chairman is the principal presiding officer, the Deputy Chairman ensures that the Council can continue its proceedings in the Chairman's absence or when the office is vacant.

The effectiveness of the office depends upon:

Procedural competence
Impartiality
Respect for legislative conventions
Institutional independence

The office therefore contributes to:

Continuity + Order + Effective Legislative Deliberation

35. Reform Perspective

The Deputy Chairman's office can be strengthened through:

Timely election
Clear procedural responsibilities
Strong conventions of neutrality
Adequate committee support
Greater autonomy of the Council Secretariat
Sufficient legislative sitting time

The broader objective should be:

Impartial Presiding Authority + Effective Legislative Council

36. Conclusion

The Deputy Chairman is the alternate presiding officer of the Legislative Council.

The key provisions are:

Article 182 → Chairman and Deputy Chairman

Article 183 → Vacation, resignation and removal

Article 184 → Deputy Chairman's powers

Article 185 → No presiding during removal proceedings

The easiest way to remember the role is:

Chairman unavailable → Deputy Chairman presides

The office ensures:

Continuity + Order + Procedural Fairness + Effective Council Proceedings