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:
The Deputy Chairman ensures continuity of the Legislative Council's proceedings when the Chairman is:
Every Legislative Council chooses two members as:
Therefore:
Deputy Chairman → Elected by Legislative Council
The Deputy Chairman is not appointed by the Governor.
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.
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.
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:
When acting as Chairman, the Deputy Chairman exercises:
All the powers of the Chairman
This includes powers relating to:
Therefore:
Deputy Chairman acting as Chairman = Chairman's powers
When the Deputy Chairman presides over the Council, the Deputy Chairman:
The Deputy Chairman is expected to maintain impartiality while presiding.
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