How is Chairman of Legislative Council elected?

Q.  Which of the following is/are true?

1) Chairman is elected by the Legislative Council from amongst its members.
2) The Legislative Assembly as well as council elects the Chairman.
- Published on 07 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 1
 
    Chairman of Council

  • The Chairman is elected by the council itself from amongst its members.

    • The Chairman vacates his office in any of the below 3 cases -

    (a) if he ceases to be a member of the council;

    (b) if he resigns by writing to the deputy chairman; and

    (c) if he is removed by a resolution passed by a majority of all the then members of the council. Such a resolution can be moved only after giving 14 days advance notice.

  • As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.

  • But, the Speaker decides whether a bill is a Money Bill or not and his decision on this is final.

  • The salaries and allowances of the Chairman are also fixed by the state legislature and are charged on the Consolidated Fund of the State.

  • They are not subject to the annual vote of the State Legislature.

    • Deputy Chairman of Council -

  • Like the Chairman, the Deputy Chairman is also elected by the council itself from amongst its members.

    • The deputy chairman vacates his office in any of the 3 cases -

    (a) if he ceases to be a member of the council;

    (b) if he resigns by writing to the Chairman; and

    (c) if he is removed by a resolution passed by a majority of all the then members of the council. Such a resolution can be moved only after giving 14 days advance notice.

  • The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or when Chairman is absent from the sitting of the council.

  • In both the cases, he has all the powers of the Chairman.

  • The Chairman nominates from amongst the members a panel of Vice-Chairmen.

  • Any one of them can preside over the council in the absence of the Chairman or the Deputy Chairman.

  • He has the same powers as the chairman when so presiding. He holds office until a new panel of Vice-Chairmen is nominated.

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