Article 181

Speaker or Deputy Speaker Not to Preside During Removal Resolution

Official heading: “The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 181, printed page 82
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1. In One Sentence

Article 181 debars the Speaker or Deputy Speaker from presiding while a resolution for their own removal is under consideration, while preserving their right to speak and vote in the first instance.

2. What It Means in Everyday Language

Article 181 enforces the foundational rule of natural justice (nemo judex in causa sua—no one should be a judge in their own cause) within the legislative chamber.

Bar on Presiding: At any sitting of the Assembly while a resolution for the removal of the Speaker is under consideration, the Speaker shall not preside, even if present. Similarly, the Deputy Speaker cannot preside when their own removal is being considered.

Voting and Participation Rights: Under Clause (2), the Speaker has the right to speak and take part in the proceedings while removal is debated. The Speaker can vote in the first instance on the resolution (as an ordinary MLA), but has no casting vote in the event of an equality of votes.

3. Practical Illustrative Example

Everyday Scenario:

The Assembly takes up debate on a formal motion seeking the removal of the Speaker.

Core takeaway: Under Article 181(1), the Speaker must step down from the elevated chair, and the Deputy Speaker (or panel chairman) presides over the sitting.

Illustrative Notice: The Speaker may cast an ordinary vote in the first instance, but cannot exercise a tie-breaking casting vote if the vote is tied.

4. Important Limits, Qualifications & Exceptions

Article 181 prevents conflict of interest during presiding officer removal proceedings.

Strict disqualification from presiding during one's own removal debate.
Right to defend oneself on the floor of the House preserved.
First-instance voting permitted as an elected representative.
Casting vote strictly barred to prevent presiding officer self-preservation.

5. Operative Constitutional Text

(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 180 shall app ly in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, th e Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, be entitled to vote only in the first instance on such resolution or on any other matter duri ng such proceedings but not in the case of an equality of votes.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 181, printed page 82 • 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.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource