The Constitution of India
Article 182
The Chairman and Deputy Chairman of the Legislative Council
The Legislative Council of every State having such Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.
Why this exists
India's Constitution allows some States to have a second legislative chamber, the Legislative Council (Vidhan Parishad), alongside the elected Legislative Assembly. Like any parliamentary body, this Council needs a presiding officer to conduct its business, maintain order, and represent the House. Article 182 ensures the Council itself elects its own leadership from among its members, keeping the choice internal and democratic rather than imposed by the Governor or the Assembly, mirroring similar provisions for the Speaker/Deputy Speaker (Article 178) and the Rajya Sabha's Chairman/Deputy Chairman.
Common misconceptions
- Myth: The Governor appoints the Chairman and Deputy Chairman of the Legislative Council.
Fact: The Article requires the Council members themselves to elect the Chairman and Deputy Chairman from among their own members; the Governor has no role in this choice. - Myth: The Chairman and Deputy Chairman must be elected only once, at the start of the Council's existence.
Fact: The Article requires a fresh election every time either post becomes vacant, not just at the Council's formation.