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Article 185 of Indian Constitution: Chairman or Deputy Chairman role in removal proceedings - Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 185 - The Chairman or Deputy Chairman not to preside while a resolution for his removal from office is under consideration

Part of the Constitutional Article

Part VI

Article 185 plays an important role under Part VI of the Constitution. Article 185 of Indian Constitution outlines the provision regarding the role and participation of the Chairman and Deputy Chairman of the Legislative Council when a resolution for their removal is under consideration. The provision maintains neutrality and fair process by restricting them from presiding over the proceedings related to their removal while still permitting them to participate and vote under specific conditions. Article 185 operates in conjunction with Article 184 which deals with the procedure for presiding over the sittings of the Legislative Council. Explore in-depth analysis of other Constitutional Articles.

Interpretation of Article 185 of Indian Constitution

Article 185 of Indian Constitution provides the procedural structure for operating the removal of the Chairman or Deputy Chairman of the Legislative Council. It lays down the guidelines to maintain an impartial and due procedure Article 185 of Constitution states -

  • Restriction on Presiding: If a resolution for the removal of the Chairman or Deputy Chairman is being discussed, they cannot preside over that session even if they are present. Instead, the provisions of Article 184 Clause (2) come into picture which enables another member to preside over the proceedings.
  • Right to Participate and Voting Rights: The Chairman retains the right to speak and participate in the discussions regarding his removal. However, his voting rights are restricted. The Chairman can vote in the first instance on the resolution and other matters related to the proceedings but unlike regular voting procedures he is not entitled to cast vote in case of a tie.

Simplified Interpretation of Article 185 of Indian Constitution

Article 185 of Indian Constitution states that if the Legislative Council is discussing the removal of the Chairman or Deputy Chairman then they are not permitted to preside over the meeting even if they are present. However, they still have the right to speak and can take part in the discussion. The Chairman can cast a vote on the resolution initially but he does not have the privilege to break a tie if the votes are equal. The provision maintains a fair and unbiased decision-making process.

Significance of Article 185 of Indian Constitution

Article 185 plays an important role in ensuring the integrity of the Legislative Council by balancing the rights of the office holders with procedural fairness.

  • Ensures Fairness and Impartiality: The provision ensures that the procedure remains impartial, it prevents the Chairman or Deputy Chairman from presiding over their own removal discussions.
  • Maintains Legislative Integrity: Article 185 of Indian Constitution supports democratic principles by enabling the concerned officeholder to defend themselves and also ensure that power is not misused to influence the proceedings.
  • Voting Limitations: The provision clarifies on voting rights and ensures that the Chairman does not gain an undue advantage in the decision-making process regarding their removal.
  • Upholds Legislative Procedures: It corresponds with the broader structure of legislative process to maintain order and accountability in parliamentary proceedings.

Conclusion

Article 185 of Indian Constitution supports the principles of fairness and neutrality in the Legislative Council by abstaining the Chairman or Deputy Chairman from presiding over their own removal proceedings but it allows them to participate. It maintains a transparent and democratic process and ensures the integrity of legislative procedures.

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FAQs about Article 185 of Indian Constitution

Article 185 states that if a resolution for the removal of the Chairman or Deputy Chairman of the Legislative Council is being discussed then they cannot preside over the proceedings.

Yes, they can vote in the first instance on the resolution and other matters related to the proceedings but they are not allowed to cast a deciding vote in case of a tie.

The restriction maintains neutrality, fairness and impartiality in the decision-making process.

If the resolution for removal is passed, the office holder ceases to hold their position and a new appointment is made according to the constitutional provisions.

Article 184 deals with the procedure for presiding over the sittings of the Legislative Council. Article 185 refers to Article 184 which provides for another member to preside over the proceedings when the Chairman or Deputy Chairman cannot do so.
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