Vol. 13 · pages 206–210

Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. Special ad- dress by the Governor at the com- mencement of each ses- sion and discussion in the Legis- lature of matters re- ferred to in the address. *155. (1) At the commencement of every session, the Governor shall address the Legislative Assembly or in the case of a State having a Legislative Coun- cil, both Houses assembled together and inform the Legislature of the cause of its summons. 5 (2) Provision shall be made by the rules regula- ting the procedure of either House for the allotment of time for a discussion of the matters referred to in such address and for the precedence of such dis- cussion over other business of the House. 10 Rights of ministers and Advo- cate-General as respects the Houses. 156. Every minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses and any joint sitting of the Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote. 15 20 Officers of The State Legislature 25 The Speaker and Deputy Speaker of the Legislat- tive Assem- bly. 157. 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. 30 *This clause which is based on the practice prevalent in the Parliament of the United Kingdom has been inserted by the Com- mittee as it considers that it will prove useful in our Constitution also. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 205 173THE DRAFT CONSTITUTION

Vacation and, resignation of, and removal from the office of, Speaker and Deputy Speaker. 158. A member holding office as Speaker or Deputy Speaker of an Assembly— (a) shall vacate his office if he ceases to be a member of the Assembly; (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and 5 (c) may be removed from his office for incapa- city or want of confidence by a resolution of the Assembly passed by a majority of all the then members of the Assembly: 10 Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days’ notice has been given of the in- tention to move the resolution: 15 Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. 20 Power of the Deputy Speaker or other persons to perform the duties of the office of or to act as, Speaker. 159. (1) While the office of Speaker is vacant the duties of the office shall be performed by the Deputy Speaker, or if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Gov- ernor may appoint for the purpose. 25 (2) During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker or, if he is also absent such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker. 30 The Chair- man and Deputy Chairman of the Legis- lative Council. 160. The Legislative Council of every State having such Council, shall, as soon as may be, choose two members of the Council to be respectively Chair- man 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. 35 206 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 174 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Vacation and resignation of, and re- moval from, the office of Chairman and Deputy Chairman. 161. A member holding office as Chairman or Deputy Chairman of a Legislative Council— (a) shall vacate his office if he ceases to be a member of the Council; (b) may at any time by writing under his hand addressed, if such member is the Chair- man, to the Deputy Chairman, and if such member is the Deputy Chairman, to the Chairman, resign his office; and 5 (c) may be removed from his office for incapacity or want of confidence by a resolution of the Council passed by a majority of all the then members of the Council: 10 Provided that no resolution for the purpose of clause (c) of this article shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. 15 Power of the Deputy Chairman or other persons to perform the duties of the office of, or to act as, Chairman. 162. (1) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or if the office of Deputy Chairman is also vacant by such member of the Council as the Governor may appoint for the purpose. 20 (2) During the absence of the Chairman from any sitting of the Council, the Deputy Chairman or, if he is also absent such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council, shall act as Chairman. 25 Salaries and allowances of and Deputy Speaker and the Chairman and Deputy Chairman. 163. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Le- gislative Council such salaries and allowances as may be respectively fixed by the Legislature of the State by law, and, until provision in that behalf is so made, such salaries and allowances as are speci- fied in the Second Schedule. 30 35 Conduct of Business Voting in Houses ; power of Houses to act notwith- standing vacancies and quorum. 164, (1) Save as provided in this Constitution, all questions in a House or a joint sitting of two Houses of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman or per- son acting as such. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 207 175THE DRAFT CONSTITUTION

The Speaker or Chairman or person acting as such shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes. (2) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or other- wise took part in the proceedings. 5 10 (3) If at any time during a meeting of the Legis- lative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman or person acting as such either to adjourn the House or to suspend the meeting until there is a quorum. 15 The quorum shall be ten members or one-sixth of the total number of members of the House, which- ever is greater. 20 Disqualifications of Members Declaration by members 165. Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Gov- ernor or some person appointed in this behalf by him, a declaration according to the form set out for the purpose in the Third Schedule. 25 Vacation of seats. 166. (1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other. 30 (2) No person shall be a member both of Parlia- ment and of the Legislature of a State and if a person is chosen a member both of Parliament and of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the Governor of the State, that person’s seat in the Legislature of the State shall become vacant, unless he has previously resigned his seat in Parliament. 35 40 208 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 176 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(3) If a member of a House of the Legislature of a State— (a) becomes subject to any of the disqualifications mentioned in clause (1) of the next suc- ceeding article; or 5 (b) resigns his seat by writing under his hand addressed to the Speaker or the Chair- man, as the case may be, his seat shall thereupon become vacant. (4) If for a period of sixty days a member of a House of the Legislature of a State is without per- mission of the House absent from all meetings thereof, the House may declare his seat vacant: 10 Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. 15 Disqualifi- cations for membership. 167. (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State— 20 (a) if he holds any office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule other than an office declared by the Legislature of the State by law not to disqualify its holder; 25 (b) if he is of unsound mind and stands so de- clared by a competent court; (c) if he is an undischarged insolvent; *(d) if he is under any acknowledgment of alle- giance or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; 30 (e) if he is so disqualified by or under any law made by the Legislature of the State. 35 (2) For the purposes of this article, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule by reason only that— 40 (a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or *The Committee has inserted this sub-clause following the provisions of section 44 (i) of the Australia Constitution Act, THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 209 177THE DRAFT CONSTITUTION