Law4u - Made in India

What is Constitution Of India Article 183?

Answer By law4u team

Constitution of India Article 183: Vacation and Resignation of, and Removal from, the Offices of Chairman and Deputy Chairman

A member holding office as Chairman or Deputy Chairman of a Legislative Council—

  • Shall vacate his office if he ceases to be a member of the Council;
  • May at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office;
  • May be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.

Brief Detail

Article 183 outlines the conditions under which the Chairman or Deputy Chairman of a Legislative Council may vacate their office. These include:

  1. Vacating the office upon ceasing to be a member of the Council.
  2. Resigning the office by writing a letter to the opposite official (Chairman to Deputy Chairman and vice versa).
  3. Being removed from office by a majority resolution passed in the Council, with a mandatory 14-day notice before the resolution is moved.

Question & Answers

Under what conditions can the Chairman or Deputy Chairman vacate their office?

The Chairman or Deputy Chairman vacates their office if they cease to be a member of the Legislative Council. They can also resign their position by submitting a written resignation to the opposite official.

How can the Chairman or Deputy Chairman be removed from office?

The Chairman or Deputy Chairman may be removed through a resolution passed by a majority of all the members of the Council. A minimum of fourteen days' notice must be given before moving such a resolution.

Example

For example, if a member holding the position of Chairman resigns, they would submit a written letter to the Deputy Chairman. Similarly, if the Chairman faces allegations and the Council wishes to remove them from office, a resolution would be moved after giving a fourteen-day notice, and if passed by the majority, the Chairman would be removed from office.

Summary

Article 183 ensures that the processes for the vacation, resignation, and removal of the Chairman and Deputy Chairman are clearly defined and that they are protected from arbitrary removal by requiring proper notice and majority support from the Council members.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ashish Kumar Nishad

Advocate Ashish Kumar Nishad

Criminal, Domestic Violence, High Court, Anticipatory Bail, Court Marriage

Get Advice
Advocate S R Londhe

Advocate S R Londhe

Anticipatory Bail, Child Custody, Court Marriage, Divorce, Domestic Violence, Family, High Court, Wills Trusts

Get Advice
Advocate Rajesh Roushan

Advocate Rajesh Roushan

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Property, Trademark & Copyright

Get Advice
Advocate Ashish Bharani

Advocate Ashish Bharani

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, NCLT

Get Advice
Advocate Richa Agrawal

Advocate Richa Agrawal

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Reva Nandan Dwivedi

Advocate Reva Nandan Dwivedi

Breach of Contract, Civil, Divorce, Documentation, Family, High Court, Domestic Violence, Landlord & Tenant, Property, Succession Certificate, Wills Trusts, Revenue, Court Marriage, Criminal

Get Advice
Advocate Kuntal Ghosh

Advocate Kuntal Ghosh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, RERA, Startup, Wills Trusts

Get Advice
Advocate Nemchand Sahu

Advocate Nemchand Sahu

Anticipatory Bail, Armed Forces Tribunal, Arbitration, Banking & Finance, Bankruptcy & Insolvency, Corporate, Child Custody, Civil, Criminal, Customs & Central Excise, Divorce, Domestic Violence, Family, High Court, Cheque Bounce

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.