Chairman of Legislative Council
The Chairman of the Legislative Council is elected by the council members from among themselves.
Tenure and Vacancy
The Chairman may vacate their office in the following situations:
- Membership: If the Chairman is no longer a member of the council, they must vacate their office.
- Resignation: If the Chairman submits a written resignation to the Deputy Chairman.
- Removal: If the council passes a resolution with a majority of all current members, the Chairman can be removed. This resolution requires 14 days' advance notice.
Powers and Functions
The Chairman's powers and functions as the presiding officer of the council are similar to those of the Speaker in the legislative assembly:
- Order and Decorum: The Chairman maintains order and decorum in the council to facilitate smooth business and regulation of proceedings.
- Final Interpreter: The Chairman interprets the provisions of:
➤ The Constitution of India, within the context of the state legislature.
➤ The rules of procedure and conduct of business of the council.
➤ Legislative precedents within the council.
- Adjournment and Suspension: The Chairman can adjourn the council or suspend meetings due to lack of quorum.
- Voting: The Chairman typically does not vote in the first instance but can cast a deciding vote in case of a tie.
- Committees: The Chairman appoints the chairpersons of council committees and oversees their work.
However, unlike the Speaker, the Chairman does not have the authority to determine whether a bill is a Money Bill or not; this is solely the Speaker's prerogative.
The salaries and allowances of the Chairman and the Deputy Chairman of the council, along with the Speaker and Deputy Speaker of the assembly, are determined by the state legislature and are charged to the Consolidated Fund of the State. Therefore, they are not subject to the annual vote of the state legislature.
Deputy Chairman of Legislative Council
The Deputy Chairman is elected by the council members from among themselves, following the election of the Chairman.
Tenure and Vacancy
The Deputy Chairman vacates their office in the following cases:
- Membership: If the Deputy Chairman is no longer a member of the council, they must vacate the office.
- Resignation: If the Deputy Chairman submits a written resignation to the Chairman.
- Removal: The Deputy Chairman can be removed by a resolution passed by a majority of all current council members, with a 14-day advance notice required.
Roles and Responsibilities
- The Deputy Chairman performs the duties of the Chairman when the latter's office is vacant or the Chairman is absent from a sitting of the council. In such situations, the Deputy Chairman possesses all the powers of the Chairman.
