Vacation, Resignation, and Removal of Speaker and Deputy Speaker
Official heading: “Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker .”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 179, printed page 81
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 179 governs the vacation, resignation, and removal of the Speaker and Deputy Speaker, requiring fourteen days' notice for any removal resolution.
2. What It Means in Everyday Language
Article 179 defines the circumstances under which the Speaker or Deputy Speaker of a Legislative Assembly vacates office, resigns, or is removed.
Grounds for Vacation: A member holding office as Speaker or Deputy Speaker (a) vacates office if they cease to be a member of the Assembly; (b) may resign by writing under their hand addressed, if Speaker, to the Deputy Speaker, and if Deputy Speaker, to the Speaker; and (c) may be removed by a resolution of the Assembly passed by a majority of all the then members of the Assembly.
Fourteen Days' Notice & Dissolution Protection: No removal resolution can be moved unless at least fourteen days' notice of the intention to move it has been given. Furthermore, when the Assembly is dissolved, the Speaker does not vacate office until immediately before the first sitting of the successor Assembly.
3. Practical Illustrative Example
Opposition MLAs wish to move a no-confidence resolution to remove the sitting Assembly Speaker.
4. Important Limits, Qualifications & Exceptions
Article 179 protects the institutional tenure of presiding officers while ensuring legislative accountability.
- Automatic vacation upon loss of MLA seat.
- Mutual resignation: Addressed reciprocally between Speaker and Deputy Speaker.
- Removal threshold: Requires majority of all then members of the Assembly.
- Fourteen-day mandatory notice barrier.
- Tenure continuity past dissolution until the next House assembles.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 179, printed page 81 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.