The Constitution of India
Article 179
Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
A member holding office as Speaker or Deputy Speaker of an Assembly —
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly:
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:
Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
Why this exists
The framers wanted the Speaker's office — central to running the Assembly's business impartially — to have clear, stable rules for how someone leaves it. Automatic vacation on losing membership ties the office to elected status; the resignation and removal provisions borrow from British parliamentary practice, ensuring the Speaker is accountable to the House through a majority vote, not the whims of the ruling party alone. The 14-day notice requirement guards against snap, politically motivated removals sprung without warning. The continuity clause on dissolution prevents a leadership vacuum between the old and new Assemblies, since Speakers often perform key constitutional functions (like presiding over the first sitting) even after dissolution.
How courts read it
Courts have generally treated Article 179 as largely self-contained, respecting the Assembly's internal procedure for removal resolutions. In cases involving Speaker removals, courts have emphasized that the requirement of an absolute majority of 'all then members' (not just those voting) must be strictly followed, and that the 14-day notice requirement is mandatory to ensure fairness. Judicial review of the Speaker's own decisions (like disqualifications under the Tenth Schedule) is a related but distinct area, but Article 179 itself has not generated the same volume of landmark litigation as some other constitutional provisions.
Common misconceptions
- Myth: The Speaker can be removed by a simple majority of members present and voting, like an ordinary resolution.
Fact: Article 179(c) requires a majority of *all* the then members of the Assembly, a higher threshold than just those present and voting. - Myth: A Speaker's term ends the moment the Assembly is dissolved.
Fact: The second proviso specifically keeps the Speaker in office until just before the newly elected Assembly's first meeting, avoiding a leadership gap. - Myth: A Speaker can be removed instantly if the ruling party wants it.
Fact: At least 14 days' notice must be given before any removal resolution can even be moved, ensuring due process.