Home The Constitution Part VI Article 185

Art. 185 Part VI: The States

The Chairman or the Deputy Chairman Not to Preside While a Resolution for His Removal From Office Is Under Consideration

Exact text — Constitution of India

At any sitting of the Legislative Council, while any resolution for the removal of the Chairman from his office is under consideration, the Chairman... shall not, though he is present, preside... but shall have the right to speak in, and otherwise to take part in the proceedings of, the Council during such consideration notwithstanding that he is presiding at, or is present at, the sitting.

In Plain English

What this Article actually means

The same natural-justice principle applied to a Legislative Council's Chairman — they can't preside over their own removal debate, though they retain the right to speak and defend themselves, mirroring the pattern seen across every other presiding officer's removal process throughout the Constitution.

Why This Matters To You

How it shows up in everyday life

This maintains procedural fairness consistency across every legislative chamber in India — Union and state, upper and lower House alike.

Read alongside this one

Art. 92 — The Chairman or the Deputy Chairman Not to Preside While a Resolution for His Removal From Office Is Under Consideration

Frequently Asked

Quick answers about Article 185

Is this rule identical across all four types of presiding officers (Speaker, Deputy Speaker, Chairman, Deputy Chairman)?

Yes — this exact same natural-justice principle applies consistently to each of them under their respective Articles (92, 96, this one, and its Deputy Chairman counterpart).

← PreviousArticle 184: Power of the Deputy Chairman or Other Person to Perform the Duties of the Office of, or to Act as, Chairman Next →Article 186: Salaries and Allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

The text above reproduces Article 185 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.