The Constitution of India
Article 178
The Speaker and Deputy Speaker of the Legislative Assembly
Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
Why this exists
The Constitution makers modeled state assemblies on the House of Commons and the Lok Sabha, wanting each elected chamber to have its own presiding officers chosen from among its members rather than appointed by the government or Governor. This ensures the Assembly runs its own proceedings impartially and remains independent of the executive. The Speaker and Deputy Speaker system gives continuity and neutral leadership to the House, and the requirement to promptly fill vacancies ensures the Assembly is never left without someone to preside over it.
How courts read it
Courts have generally treated the election and removal of Speakers and Deputy Speakers under Article 178 (and the parallel Article 93 for the Lok Sabha) as matters largely internal to the House, subject to constitutional limits like natural justice and the requirement of a valid resolution for removal (Article 179). Judgments such as Kihoto Hollohan v. Zachillhu (1992) touched on the Speaker's role and impartiality in the context of anti-defection decisions, indirectly reinforcing why Article 178 requires the Speaker to be a Housemember commanding confidence. Courts have been cautious about interfering in the internal procedure of choosing or removing these officers, respecting legislative autonomy, while still requiring adherence to constitutional procedure when challenged.
Common misconceptions
- Myth: The Governor appoints the Speaker and Deputy Speaker of the State Assembly.
Fact: Under Article 178, these officers are chosen by the Assembly members themselves through an internal vote, not appointed by the Governor. - Myth: The Speaker or Deputy Speaker can be an outsider, like a retired judge or bureaucrat.
Fact: Article 178 requires that both the Speaker and Deputy Speaker be elected from among the sitting members of that Legislative Assembly.