Presiding Officers of State Legislature: Roles and Responsibilities in Indian States

The State Legislature has its presiding officers, essential for maintaining order and conducting sessions. In the Legislative Assembly, the Speaker presides over, while the Council is led by the Chairman. Both houses have Deputy Speakers and panels to support these roles. These officers have significant responsibilities, ensuring the smooth functioning of the legislative process.

Presiding Officers of State Legislatures in India: Overview

Speaker, Deputy Speaker, and Panel of Chairman of Legislative Assembly

Speaker

• Article 178 gives the power to the Speaker to preside over the sessions of the Legislative Assembly of the state. He maintains discipline and order in the assembly. 
• The assembly selects its Speaker from among its own members through an election process.

Role of the Speaker in the Legislative Assembly

• Head of the Assembly: The Speaker serves as the conventional and ceremonial head of the Legislative Assembly.

• • • His authority is supreme due to impartiality and fairness.

• Duties and Responsibilities: Acts as the conscience and guardian of the House, ensuring justice in decision-making.

• • • Communicates the House’s decisions to relevant authorities and conveys letters/documents to the House.
    • Regulates debates, maintaining order and enforcing rules among Members.

• Management of Proceedings: Determines when Members speak and sets time limits for speeches.

• • • Proposes questions for consideration and rules on points of order, with final authority on decisions.

• Privilege and Discipline: Decides on matters of breach of privilege or contempt of the House.

• • • Consent is required from the Speaker for raising issues of privilege.
    • Disciplinary decisions are final and cannot be challenged.

• Administrative Authority: The Speaker oversees the House’s secretariat, controlling its operations and security arrangements.

• • Responsible for protecting Members’ rights and providing necessary amenities.

Deputy Speaker

• Election of the Deputy Speaker: Like the Speaker, the Deputy Speaker is also elected by the assembly itself from amongst its members. 
  • He is elected after the election of the Speaker has taken place. 
• Duties of the Deputy Speaker: The Deputy Speaker performs the duties of the Speaker’s office when it is vacant. 
• Powers of the Deputy Speaker: He also acts as the Speaker when the latter is absent from the sitting of the assembly. In both cases, he has all the powers of the Speaker. 

Removal of Speaker and Deputy Speaker (Article 179)

• A member holding office as Speaker or Deputy Speaker of an Assembly —
  • Vacation of Office: shall vacate his office if he ceases to be a member of the Assembly
  • Resignation: may at any time by resignation addressed to the Deputy Speaker (in case of resignation by Speaker) or to Speaker (in case of resignation by Deputy Speaker)
  • Removal from Office: may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:
  • Notice Requirement: Provided that no resolution for the purpose shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

Panel of Chairman

• • Nomination of Panel of Chairmen: The Speaker nominates from amongst the members a panel of chairman. 
  • Presiding in Absence: Any one of them can preside over the assembly in the absence of the Speaker or the Deputy Speaker. 

• Limitations of the Panel of Chairpersons: A member of the panel of chairpersons cannot preside over the House if both the Speaker and Deputy Speaker positions are vacant.

• Appointment of Interim Officer: In such cases, the Governor appoints a member of the House to perform the Speaker’s duties until elections are held to fill the vacant posts.

• Powers of the Chairman: He has the same powers as the speaker when so presiding. 
• Tenure: He holds office until a new panel of chairman is nominated.

Chairman, Deputy-Chairman, and panel of Vice-Chairman of the Council

Chairman

• Election of Chairman and Deputy Chairman: According to Article 182 of the Indian Constitution, the Legislative Council must choose its two members as Chairman and Deputy Chairman. 

• The Chairman is elected by the council itself from amongst its members.

• Powers and Functions of the Chairman: As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly. 
• Special Power of the Speaker: However, the Speaker has one special power which is not enjoyed by the Chairman. 
  • The Speaker decides whether a bill is a Money Bill or not and his decision on this question is final. 

Role of the Chairman

• Presiding Over Sessions: The Chairman conducts the sessions of the Legislative Council, deciding the agenda and ensuring orderly discussions and debates.
• Interpreting Rules of Procedure: The Chairman interprets the rules of procedure, guiding members on the rules and ensuring compliance during proceedings.
• Casting Vote: In case of a tie on any vote, the Chairman has the casting vote, making the final decision.
• Authenticating Bills: The Chairman signs bills passed by the Legislative Council, signifying formal approval.
• Representing the Legislative Council: The Chairman represents the council in interactions with the Governor, Legislative Assembly, and other authorities, acting as the spokesperson.

Deputy Chairman

• Duties of the Deputy Chairman: As per Article 184, the Deputy Chairman performs the duties of the Chairman’s office when it is vacant. 
• Acting as Chairman: He also acts as the Chairman when the latter is absent from the sitting of the council. 
  • In both the cases, he has all the powers of the Chairman.

Removal of Chairman and Deputy Chairman

• A member holding office as Chairman or Deputy Chairman of a Legislative Council—
  • Vacation of Office: shall vacate his office if he ceases to be a member of the Council;
  • Resignation: may at any time by resignation addressed to the Deputy Chairman (in case of resignation by Chairman) or to Chairman (in case of resignation by Deputy Chairman)
  • Removal from Office: may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council:
  • Notice Requirement: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Panel of Vice-Chairman

• Nominations of Vice-Chairman: The Chairman nominates from among the members a panel of vice-chairman who can preside over the council in the absence of the Chairman or the Deputy Chairman. 
• Powers of the Vice-Chairman: He/She has the same powers as the chairman when so presiding.
• Tenure: He/She holds office until a new panel of vice-chairman is nominated.

Conclusion

The effective functioning of the State Legislature relies heavily on its presiding officers. 

• The Speaker and Chairman not only manage sessions but also uphold the dignity of the legislature. Their ability to maintain order and facilitate discussions is crucial for democracy. 
• A strong leadership presence enhances accountability and transparency in state governance.

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