Presiding Officers of the State Legislature

Every House of the legislature — whether at the Centre or the State — needs someone to preside over its meetings, to maintain order, and to ensure that legislative business runs smoothly and constitutionally.

That’s why, just as Parliament has a Speaker (Lok Sabha) and a Chairman (Rajya Sabha),
the State Legislature has:

House	Presiding Officer	Deputy	Supporting Panel
Legislative Assembly (Vidhan Sabha)	Speaker	Deputy Speaker	Panel of Chairmen
Legislative Council (Vidhan Parishad)	Chairman	Deputy Chairman	Panel of Vice-Chairmen

💰 Salaries and Allowances

• Their salaries and allowances are decided by the State Legislature.
• However, these expenses are charged on the Consolidated Fund of the State — meaning they cannot be voted upon by the legislature.
  This is done to maintain their independence from the executive.

🗣️ Speaker of the Legislative Assembly

🧩 Election and Tenure

• The Speaker is elected by the Assembly itself from among its own members.
• Usually, he/she continues till the life of the Assembly (5 years).
• However, the office can fall vacant earlier in three situations:

Reason for Vacancy	Explanation
1️⃣ Ceases to be a member	If Speaker’s membership in the Assembly ends.
2️⃣ Resigns	By writing to the Deputy Speaker.
3️⃣ Removed	By a resolution passed by an effective majority (i.e., majority of the total membership of the House) after 14 days’ notice.

🟡 Effective majority = more than 50% of the total strength excluding vacancies.

⚖️ Powers and Functions of the Speaker

The Speaker is the custodian of the dignity and authority of the Legislative Assembly.
Let’s understand:

1. Maintains order and decorum — ensures discipline and smooth functioning in the House.
   👉 His/her decision on this is final.
2. Interprets the Constitution, rules, and precedents related to Assembly proceedings.
   • Final authority within the House on:
     (a) Constitution provisions,
     (b) Rules of procedure,
     (c) Legislative precedents.
3. Adjourns or suspends sittings in case of lack of quorum.
4. Voting powers:
   • The Speaker does not vote in the first instance,
   • But can exercise a casting vote in case of a tie.
5. Secret sittings:
   • Can allow a secret sitting of the House if requested by the Leader of the House (i.e., the Chief Minister).
6. Decides whether a Bill is a Money Bill or not.
   • His/her decision is final (just like the Lok Sabha Speaker).
7. Disqualification under Anti-Defection Law:
   • Decides disqualification of members under the Tenth Schedule.
   • However, as per Kihoto Hollohan case (1992), the Speaker’s decision is subject to judicial review.
8. Committee powers:
   • Appoints Chairpersons of all Assembly Committees.
   • Supervises their functioning.
   • Is ex-officio Chairperson of key committees:
     • Business Advisory Committee
     • Rules Committee
     • General Purpose Committee

✅ In short, the Speaker is both referee and guardian — maintaining neutrality and order in a politically charged environment.

👥 Deputy Speaker of the Legislative Assembly

🧩 Election and Tenure

• The Deputy Speaker is also elected by the Assembly, but only after the Speaker’s election.
• Normally continues during the life of the Assembly but vacates office earlier if:
• Ceases to be a member of the Assembly,
• Resigns by writing to the Speaker, or
• Is removed by an effective majority resolution after 14 days’ notice.

⚙️ Functions

• Performs Speaker’s duties when:
  • The Speaker’s office is vacant, or
  • The Speaker is absent from a sitting.
• In such cases, the Deputy Speaker enjoys all powers of the Speaker.

🪑 Panel of Chairmen

• The Speaker nominates a Panel of Chairmen from among the members.
• Any one of them can preside over the Assembly in the absence of both the Speaker and Deputy Speaker.
• When presiding, they exercise the same powers as the Speaker.
• Their tenure lasts until a new panel is nominated.

🏛️ Chairman of the Legislative Council

• The Chairman is elected by the Council itself from among its members.
• He/she vacates office in the following three cases:

Reason	Explanation
1️⃣ Ceases to be a member	If membership of the Council ends.
2️⃣ Resigns	By writing to the Deputy Chairman.
3️⃣ Removed	By a resolution passed by an effective majority after 14 days’ notice.

⚖️ Powers and Functions

The Chairman of the Council enjoys powers similar to those of the Speaker of the Assembly:

1. Presides over meetings and maintains order.
2. Interprets constitutional provisions, rules, and precedents.
3. Adjourns sittings in case of no quorum.
4. Votes only in case of a tie (casting vote).
5. Heads committees and supervises their work.

🔸 However, there is one key difference between the Speaker and the Chairman:

The Speaker decides whether a Bill is a Money Bill or not —
but the Chairman has no such power.

This distinction mirrors the one at the central level between the Lok Sabha Speaker and the Rajya Sabha Chairman.

👤 Deputy Chairman of the Legislative Council

🧩 Election and Tenure

• Elected by the Council from among its members.
• Vacates office if:
  1. Ceases to be a member,
  2. Resigns (to the Chairman), or
  3. Is removed by a resolution with an effective majority (after 14 days’ notice).

⚙️ Functions

• Performs Chairman’s duties when the office is vacant or Chairman is absent.
• When presiding, he/she has all the powers of the Chairman.

🪑 Panel of Vice-Chairmen

• The Chairman nominates a Panel of Vice-Chairmen from the Council’s members.
• Any of them can preside in the absence of both Chairman and Deputy Chairman.
• When so presiding, he/she has the same powers as the Chairman.
• Holds office till a new panel is formed.

🎯 Comparative Overview

Aspect	Legislative Assembly	Legislative Council
Presiding Officer	Speaker	Chairman
Deputy	Deputy Speaker	Deputy Chairman
Elected by	The Assembly itself	The Council itself
Removal	Resolution with effective majority (14 days’ notice)	Same
Special Power	Decides on Money Bill	No such power
Supervises	Committees of Assembly	Committees of Council
Panel	Panel of Chairmen	Panel of Vice-Chairmen
Salary source	Consolidated Fund of the State	Consolidated Fund of the State

🧠 Conceptual Understanding

The Presiding Officers are the pillars of legislative functioning.
They ensure that:

• Legislative procedures are neutral,
• The executive is held accountable, and
• The House remains disciplined and efficient.

In essence, the Speaker and Chairman are the constitutional guardians of legislative propriety — maintaining the delicate balance between majority power and democratic decorum.