The presiding officers are responsible for conducting the proceedings of the Houses of the State Legislature.
They include:
Their primary functions are to:
The constitutional provisions relating to presiding officers are mainly contained in:
The Assembly has:
Speaker
and:
Deputy Speaker
The Council has:
Chairman
and:
Deputy Chairman
Easy memory:
Assembly → Speaker + Deputy Speaker
Council → Chairman + Deputy Chairman
2. Election of Presiding Officers
The presiding officers are elected by the respective Houses.
Legislative Assembly
The Assembly elects:
Speaker
Deputy Speaker
Legislative Council
The Council elects:
Chairman
Deputy Chairman
Therefore:
Governor does not appoint the Speaker or Chairman.
3. Main Functions
The presiding officers perform several common functions.
They:
Preside over House proceedings
Maintain order and discipline
Regulate debates
Decide procedural questions
Allow members to speak
Conduct voting
Interpret the Rules of Procedure
Facilitate legislative business
Protect the dignity of the House
Protect the rights and privileges of members
4. Presiding Over Proceedings
The primary function is to:
Preside over meetings of the House
The presiding officer:
Occupies the Chair
Calls the House to order
Regulates the agenda
Recognises members
Determines the order of speaking
Ensures compliance with procedural rules
The objective is:
Orderly + Fair + Efficient Legislative Proceedings
5. Maintaining Order and Discipline
The presiding officer is the principal authority for maintaining order inside the House.
The officer may:
Call members to order
Direct members to maintain decorum
Regulate debate
Disallow disorderly conduct
Direct withdrawal of unparliamentary expressions
Take action permitted under the Rules of Procedure
This power is essential because legislative debate can become highly contentious.
6. Regulation of Debate
The presiding officer regulates:
Who may speak
When a member may speak
Duration of speeches
Relevance of speeches
Admissibility of motions
Points of order
The objective is to ensure that:
Every member gets an opportunity to participate within the rules.
7. Interpretation of Rules
The presiding officer interprets the:
Constitution
Rules of Procedure
Legislative conventions
Established parliamentary practices
Procedural rulings help determine how legislative business is conducted.
The presiding officer therefore plays an important role in maintaining:
Procedural certainty
8. Deciding Points of Order
Members may raise a:
Point of Order
when they believe that legislative procedure is not being followed.
The presiding officer determines whether the point of order is valid and gives the appropriate ruling according to the applicable rules.
This makes the presiding officer an important procedural authority.
9. Conducting Voting
The presiding officer conducts voting in the House.
Voting may take place through the procedure prescribed by the:
Constitution
Rules of Procedure
Legislative practice
The presiding officer announces the result according to the applicable procedure.
10. Casting Vote
The presiding officer generally does not vote in the first instance.
However, when the votes are equally divided, the presiding officer may exercise a:
Casting Vote
Therefore:
Normal situation → No vote
Equality of votes → Casting vote
This principle applies to the Speaker and Chairman, and to the Deputy Speaker or Deputy Chairman when they are presiding.
11. Speaker and Money Bills
The Speaker of the Legislative Assembly has a special constitutional function concerning:
Money Bills
Under Article 199, the Speaker determines whether a Bill is a Money Bill.
The Speaker's decision on this constitutional certification is given special status under the Constitution.
This is important because a Money Bill has a different legislative procedure from an ordinary Bill.
12. Legislative Council and Money Bills
The Legislative Council does not have the same authority as the Assembly regarding Money Bills.
A Money Bill:
Can originate only in the Legislative Assembly.
The Legislative Council can only make:
Recommendations
within the constitutionally prescribed period.
Therefore:
Money Bill
↓
Legislative Assembly
↓
Speaker's certification
↓
Legislative Council
↓
Recommendations only
13. Committee Functions
Presiding officers play an important role in the committee system.
Depending on constitutional provisions and Rules of Procedure, they may:
Constitute committees
Nominate members
Refer matters to committees
Preside over certain committees
Facilitate committee functioning
Committees enable detailed examination of:
Bills
Government expenditure
Policies
Administrative matters
14. Protection of Legislative Privileges
Presiding officers help protect the privileges and rights of the House and its members.
They ensure that members can perform legislative functions without improper interference.
This contributes to:
Freedom of Legislative Debate
and:
Institutional Dignity
15. Administrative Role
The presiding officers have an important role in the functioning of the:
Legislative Assembly Secretariat
Legislative Council Secretariat
The legislative secretariats provide support for:
House proceedings
Committees
Documentation
Legislative records
Administrative functions
The presiding officers provide institutional leadership to the respective Houses.
16. Deputy Speaker and Deputy Chairman
The Deputy Speaker and Deputy Chairman are alternate presiding officers.
They preside when:
The principal presiding officer is absent
The principal presiding officer is unable to perform duties
The office of the principal presiding officer is vacant
When performing the duties of the principal presiding officer, they exercise the relevant powers of that office.
Therefore:
Speaker unavailable
↓
Deputy Speaker presides
Chairman unavailable
↓
Deputy Chairman presides
17. When the Office Is Vacant
If the office of Speaker is vacant, the Deputy Speaker performs the duties of Speaker.
If the office of Chairman is vacant, the Deputy Chairman performs the duties of Chairman.
If both relevant offices are vacant, the Governor may appoint a member of the respective House to perform the duties of the presiding officer as provided by the Constitution.
This ensures:
Continuity of Legislative Proceedings
18. Presiding Officer and Removal Proceedings
A presiding officer cannot preside over proceedings concerning their own removal.
Assembly
The Speaker cannot preside when a resolution for their removal is under consideration.
The Deputy Speaker presides.
Council
The Chairman cannot preside when a resolution for their removal is under consideration.
The Deputy Chairman presides.
Similarly:
Deputy Speaker → Cannot preside over own removal
Deputy Chairman → Cannot preside over own removal
This protects procedural fairness.
19. Resignation
The Constitution provides a specific resignation mechanism.
Speaker
Resigns to:
Deputy Speaker
Deputy Speaker
Resigns to:
Speaker
Chairman
Resigns to:
Deputy Chairman
Deputy Chairman
Resigns to:
Chairman
Easy memory:
Speaker ↔ Deputy Speaker
Chairman ↔ Deputy Chairman
Each resigns to the other presiding officer.
20. Removal
The Speaker, Deputy Speaker, Chairman and Deputy Chairman can be removed by a resolution of the respective House.
The resolution requires:
Majority of all the then members of the House
A minimum:
14 days' notice
is required before the resolution is moved.
Therefore:
Removal
↓
14 days' notice
↓
Resolution
↓
Majority of all then members
21. Presiding Officers and Voting
The presiding officer's voting position is designed to promote neutrality.
Normally:
No vote in the first instance
If there is equality:
Casting vote
This prevents the presiding officer from routinely participating as an ordinary political member while ensuring that the House can reach a decision in case of a tie.
22. Presiding Officers and Political Neutrality
Presiding officers are elected from among political representatives and may belong to political parties.
However, once occupying the Chair, they are expected to act with:
Impartiality
They should:
Apply rules fairly
Protect opposition rights
Allow legitimate debate
Maintain order
Avoid unnecessary partisan intervention
The credibility of the House depends heavily on the neutrality of its presiding officer.
23. Presiding Officers and Anti-Defection
The Tenth Schedule assigns decision-making authority over disqualification on grounds of defection to the:
Speaker of the Legislative Assembly
and:
Chairman of the Legislative Council
Therefore:
Assembly Anti-Defection
↓
Speaker
Council Anti-Defection
↓
Chairman
Such decisions are subject to:
Judicial Review
The Supreme Court recognised this principle in:
Kihoto Hollohan v. Zachillhu
24. Presiding Officers and Judicial Review
Presiding officers exercise significant procedural and, in some cases, quasi-judicial functions.
Their decisions are not uniformly immune from judicial scrutiny.
In particular:
Anti-defection decisions are subject to judicial review
Constitutional limits apply to the exercise of their powers
The judiciary generally respects the internal functioning of legislatures while retaining authority to examine constitutional violations.
25. Presiding Officers and Dissolution
The presiding officers do not have the power to dissolve the Legislative Assembly or Legislative Council.
Under Article 174:
Governor → Dissolves Legislative Assembly
The Legislative Council is a:
Permanent House
and therefore cannot be dissolved.
Therefore:
Presiding Officer → Conducts proceedings
Governor → Dissolves Assembly
26. Presiding Officers and Prorogation
The presiding officers do not prorogue the House.
Under Article 174:
Governor → Prorogues House or Houses
The presiding officer's role is to conduct the proceedings while the House is sitting.
Therefore:
Governor → Summoning + Prorogation
Presiding Officer → Conduct of Proceedings
27. Presiding Officers and Adjournment
Adjournment is different from prorogation.
Adjournment
Suspends a sitting of the House.
Prorogation
Ends a session.
Dissolution
Ends the Legislative Assembly.
The presiding officer has an important role in the procedural functioning of adjournment, while prorogation and dissolution are constitutional functions of the Governor.
28. Presiding Officers — Comparative Table
Feature Speaker Deputy Speaker Chairman Deputy Chairman
House Assembly Assembly Council Council
Article 178 178 182 182
Elected by Assembly Assembly Council Council
Principal role Presides Alternate presiding officer Presides Alternate presiding officer
Casting vote Yes When presiding Yes When presiding
Anti-defection authority Yes Not ordinarily designated Yes Not ordinarily designated
Removal Assembly Assembly Council Council
Resignation to Deputy Speaker Speaker Deputy Chairman Chairman
29. Speaker vs Chairman
The Speaker and Chairman perform broadly similar presiding functions but preside over different Houses.
Speaker
Presides over:
Legislative Assembly
Important special role:
Money Bill certification
Chairman
Presides over:
Legislative Council
Important special role:
Council anti-defection decisions
Both are expected to protect:
Order
Procedure
Legislative dignity
Rights of members
30. Presiding Officers and Legislative Democracy
Presiding officers are essential for ensuring that the Legislature functions as a:
Deliberative Institution
rather than merely as a forum for political confrontation.
They facilitate:
Debate
Accountability
Legislative scrutiny
Opposition participation
Government business
Committee work
Their neutrality directly affects the quality of legislative democracy.
31. Challenges
Major challenges include:
Political Partisanship
Presiding officers are generally elected from political parties.
Anti-Defection Delays
Delayed decisions can influence political outcomes.
Legislative Disruptions
Frequent disruptions can make maintaining order difficult.
Procedural Controversies
Rulings concerning Bills, motions and legislative procedure can become politically sensitive.
Balance Between Majority and Opposition
The presiding officer must allow the government to conduct business while protecting legitimate opposition participation.
32. Reform Measures
The effectiveness of presiding officers can be improved through:
Time-Bound Decisions
Particularly in anti-defection matters.
Transparent Rulings
Important procedural decisions should be clearly reasoned.
Stronger Neutrality Conventions
The office should function above day-to-day party politics.
Better Committee Functioning
Committees should receive sufficient time and resources.
Adequate Sitting Days
Legislative scrutiny requires adequate time.
Institutional Autonomy
Legislative secretariats should have sufficient independence to support the Houses effectively.
33. UPSC Prelims Facts
Article 178 provides for Speaker and Deputy Speaker of the Legislative Assembly.
Article 182 provides for Chairman and Deputy Chairman of the Legislative Council.
Speaker is elected by the Assembly.
Chairman is elected by the Council.
Governor does not appoint the Speaker or Chairman.
Presiding officers maintain order and regulate debates.
Presiding officers interpret procedural rules.
Presiding officers normally do not vote in the first instance.
Presiding officers can exercise a casting vote in case of equality.
Speaker certifies whether a Bill is a Money Bill under Article 199.
Money Bills can originate only in the Legislative Assembly.
Legislative Council has only a recommendatory role regarding Money Bills.
Speaker decides Assembly anti-defection cases.
Chairman decides Council anti-defection cases.
Anti-defection decisions are subject to judicial review.
Kihoto Hollohan is an important case concerning the Tenth Schedule.
Speaker cannot preside during consideration of their own removal resolution.
Chairman cannot preside during consideration of their own removal resolution.
14 days' notice is required for removal resolutions.
Removal requires a majority of all the then members of the respective House.
Governor summons and prorogues the State Legislature.
Governor can dissolve the Legislative Assembly.
Legislative Council is a permanent House and cannot be dissolved.
34. UPSC Prelims Traps
Trap 1
"Governor appoints the Speaker."
False
The Legislative Assembly elects the Speaker.
Trap 2
"Governor appoints the Chairman of the Legislative Council."
False
The Legislative Council elects the Chairman.
Trap 3
"Speaker and Chairman are ordinary voting members while presiding."
False
They generally do not vote in the first instance but can exercise a casting vote in case of equality.
Trap 4
"Speaker can dissolve the Legislative Assembly."
False
The Governor has the constitutional power of dissolution.
Trap 5
"Presiding officers prorogue the House."
False
Prorogation is a power of the Governor under Article 174.
Trap 6
"Deputy Speaker is the normal authority for Assembly anti-defection cases."
False
The Speaker is the designated authority under the Tenth Schedule.
Trap 7
"Deputy Chairman decides Council anti-defection cases."
False
The Chairman is the designated authority under the Tenth Schedule.
Trap 8
"Presiding officers can preside over their own removal proceedings."
False
They cannot preside while their removal resolution is under consideration.
Trap 9
"Removal requires a simple majority of members present and voting."
False
It requires a majority of all the then members of the respective House.
Trap 10
"Legislative Council can be dissolved by the Chairman."
False
The Council is a permanent House.
35. Easy Memory Trick
Presiding Officers
Assembly → Speaker
Assembly → Deputy Speaker
Council → Chairman
Council → Deputy Chairman
Key Articles
178 → Speaker + Deputy Speaker
179 → Vacation + Resignation + Removal
180 → Deputy Speaker's Powers
181 → No Presiding During Removal
182 → Chairman + Deputy Chairman
183 → Vacation + Resignation + Removal
184 → Deputy Chairman's Powers
185 → No Presiding During Removal
186 → Salaries and Allowances
189 → Voting
199 → Money Bill
Voting
Normal → No Vote
Tie → Casting Vote
Removal
14 Days Notice
+
Majority of All Then Members
36. Quick Revision
PRESIDING OFFICERS
↓
┌───────────────────────┐
│ │
Assembly Council
│ │
Speaker Chairman
│ │
Deputy Speaker Deputy Chairman
│ │
└───────────┬───────────┘
↓
Common Functions
↓
Maintain Order
↓
Regulate Debate
↓
Interpret Rules
↓
Conduct Voting
↓
Protect Privileges
↓
Facilitate Legislative Business
37. Mains Perspective
Presiding officers are central to the functioning of parliamentary democracy at the State level.
Their constitutional position requires them to balance:
Majority Rule
with:
Minority Rights
and:
Government Efficiency
with:
Legislative Scrutiny
An effective presiding officer ensures that the Legislature remains a forum for meaningful deliberation rather than becoming dominated by political confrontation.
38. Reform Perspective
The credibility of presiding officers can be strengthened through:
Greater procedural neutrality
Time-bound decisions on anti-defection petitions
Transparent procedural rulings
Stronger legislative conventions
Better committee functioning
Adequate legislative sitting time
Greater institutional autonomy of legislative secretariats
The objective should be:
Impartial Presiding Officers + Effective Legislative Institutions
39. Conclusion
Presiding officers are the institutional guardians of orderly legislative proceedings.
Their common responsibilities include:
Order + Debate + Procedure + Voting + Privileges + Legislative Business
The key distinction is:
Speaker → Legislative Assembly
Chairman → Legislative Council
Deputy Speaker → Assists and substitutes Speaker
Deputy Chairman → Assists and substitutes Chairman
Their effectiveness ultimately depends not merely on formal constitutional powers but on:
Impartiality + Procedural Fairness + Constitutional Restraint + Respect for Legislative Conventions