nayan135/constitution · Datasets at Hugging Face

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(a) if he or she ceases to be a member of the State Assembly ,
Provided that, in the event of the dissolution of the State
Assembly , the State Speaker and the Deputy State Speaker of the State
Assembly holding their respective offices shall continue in office until
the previous day of the filing of nominations for ano ther election to the
State Assembly ,
(b) if he or she resigns in writing,
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(c) if a resolution is passed by a majority of two -thirds of th e total
number of the then members of the State Assembly to the effect
that his or her conduct is not compat ible with his or her office.
(7) The State Deputy Speaker shall preside over a meeting at which
deliberation s are to be held on a motion that the conduct of the Speaker of the
State Assembly is not compatible with his or her office. The State Speaker
shall be entitl ed to take part and vote in the deliberations on such mo tion.
183. Summoning and prorogation of s ession of State Assembly : (1) The Chief of
State shall summon a session of the State Assembly within twenty days of the
declaration of final results of the election to the State Assembly . Thereafter, the
Chief of State shall, from time to time, summon other sessions pursuant to this
Constitution.
Provided that the interval between the two consecutive sessions shall
not exceed six months.
(2) The Chief of Stat e may prorogue the sessions of the State
Assembly .
(3) If, during the prorogation or recess of the session of the State
Assembly , one -fourth of the total number of its members make a petition that it
is expedient to convene a session or meeting, the Chief of State shall specify
the date and time for such session or meeting. The State Assembly shall meet
or commence its session at the date and time so specified.
184. Address by Chief of State : (1) The Chief of State may address a sitting of the
State Assembl y, and summon the members for that purpose.
(2) The Chief of State shall address the first session after an election
to the State Assembly and a sitting of the State Assembly after the
commencement of the first session of each year.
121
185. Quorum of State Assembly : Except as otherwise provided for in this
Constitution, no question or motion shall be presented for decision in the State
Assembly unless one -fourth of the total number of its members are present.
186. Voting in State Assembly : All ques tions submitted for decision in the State
Assembly shall be decided by a majority vote of the members present and
participate in voting. The member chairing the meeting shall not have the right
to vote.
Provided that he or she may exercise his or her casti ng vote in the case
of a tie.
187. Privileges of State Assembly : (1) There shall be full freedom of speech in the
State Assembly, subject to this Constitution , and no member shall be arrested,
detained or prosecuted in any court for anything expressed or any vote cast by
him or her in the State Assembly .
(2) The State Assembly shall, subject to this Constitution, have full
power to regulate and decide its intern al business, and it shall be the exclusive
right of the State Assembly to decide whether or not any of its proceedings is
regular or irregular. No question shall be raised in any court in this behalf.
(3) No comment shall be made about the good faith conce rning any
proceeding of the State Assembly , and no publication and broadcasting of any
kind shall be made about anything said by any member, intentionally distorting
or misinterpreting the meaning of the speech.
(4) The provisions of clauses (1) and (3) sh all also apply to other
persons who are entitled to participate in the meetings of the State Assembly
than the members of State Assembly .
(5) No proceedings shall be initiated in any court against any person
in respect of the publication, un der the author ity granted by the State
Assembly , of any document, report, vote or proceeding.
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Explanation: For the purposes of this clause and clauses (1), (2), (3) and
(4), "State Assembly" means and includes the meeting of a committee of the
State Assembly.
(6) No mem ber of the State Assembly may be arrested during the
period from the issuance of a notice summoning the session to its prorogation.
Provided that nothing in this clause shall be deemed to prevent the arrest
under the law of any member on a criminal charge. If any member is so
arrested, the authority making such arrest shall forthwith give information
thereof to the person presiding over the State Assembly.
(7) Any breach of the privileges shall be deemed to constitute
contempt of the State Assembly , and the State Assembly shall have the
exclusive right to decide whether any breach of its privileges has taken place.
(8) If any person is in contempt of the State Assembly , the person
presiding over the State Assembly may, after a decision by the State Assembly
to that effect, admonish, warn or impose a sentence of imprisonment for a term
not exceeding three months or of a fine not exceeding ten thousand rupees on
such person, and such fine shall be recovered as a government due.
Provided that if such a person su bmits an apology to the satisfaction of
the State Assembly , it may either pardon him or her or remit or commute the
sentence imposed on him or her.
(9) Other matters relating to privileges of the State Assembly shall
be as provided in the State law.
188. Provisions relating to vote of confidence and motion of no -confidence : (1) The
Chief Minister may, whenever he or she considers necessary or appropriate to
show that he or she has confidence from the State Assembly, table a resolution
to that effect in the State Assembly for the vote of confidence .
123
(2) If the political party which the Chief Minister represents is
divided or a political party in coalition State G overnment withdraws its
support, the Chief Minister shall table a resolution in the State Assembly for a
vote of confidence within thirty days.
(3) If a resolution tabled under clauses (1) and (2) is not passed by a
majority of the total number of then members of the State Assembly , the Chief
Minister shall relieve of his or her office.
(4) One-fourth of the total number of then members of the State
Assembly may table in writing a motion of no -confidence against the Chief
Minister.

(a) if he or she ceases to be a member of the State Assembly ,

Provided that, in the event of the dissolution of the State

Assembly , the State Speaker and the Deputy State Speaker of the State

Assembly holding their respective offices shall continue in office until

the previous day of the filing of nominations for ano ther election to the

State Assembly ,

(b) if he or she resigns in writing,

120

(c) if a resolution is passed by a majority of two -thirds of th e total

number of the then members of the State Assembly to the effect

that his or her conduct is not compat ible with his or her office.

(7) The State Deputy Speaker shall preside over a meeting at which

deliberation s are to be held on a motion that the conduct of the Speaker of the

State Assembly is not compatible with his or her office. The State Speaker

shall be entitl ed to take part and vote in the deliberations on such mo tion.

183. Summoning and prorogation of s ession of State Assembly : (1) The Chief of

State shall summon a session of the State Assembly within twenty days of the

declaration of final results of the election to the State Assembly . Thereafter, the

Chief of State shall, from time to time, summon other sessions pursuant to this

Constitution.

Provided that the interval between the two consecutive sessions shall

not exceed six months.

(2) The Chief of Stat e may prorogue the sessions of the State

Assembly .

(3) If, during the prorogation or recess of the session of the State

Assembly , one -fourth of the total number of its members make a petition that it

is expedient to convene a session or meeting, the Chief of State shall specify

the date and time for such session or meeting. The State Assembly shall meet

or commence its session at the date and time so specified.

184. Address by Chief of State : (1) The Chief of State may address a sitting of the

State Assembl y, and summon the members for that purpose.

(2) The Chief of State shall address the first session after an election

to the State Assembly and a sitting of the State Assembly after the

commencement of the first session of each year.

121

185. Quorum of State Assembly : Except as otherwise provided for in this

Constitution, no question or motion shall be presented for decision in the State

Assembly unless one -fourth of the total number of its members are present.

186. Voting in State Assembly : All ques tions submitted for decision in the State

Assembly shall be decided by a majority vote of the members present and

participate in voting. The member chairing the meeting shall not have the right

to vote.

Provided that he or she may exercise his or her casti ng vote in the case

of a tie.

187. Privileges of State Assembly : (1) There shall be full freedom of speech in the

State Assembly, subject to this Constitution , and no member shall be arrested,

detained or prosecuted in any court for anything expressed or any vote cast by

him or her in the State Assembly .

(2) The State Assembly shall, subject to this Constitution, have full

power to regulate and decide its intern al business, and it shall be the exclusive

right of the State Assembly to decide whether or not any of its proceedings is

regular or irregular. No question shall be raised in any court in this behalf.

(3) No comment shall be made about the good faith conce rning any

proceeding of the State Assembly , and no publication and broadcasting of any

kind shall be made about anything said by any member, intentionally distorting

or misinterpreting the meaning of the speech.

(4) The provisions of clauses (1) and (3) sh all also apply to other

persons who are entitled to participate in the meetings of the State Assembly

than the members of State Assembly .

(5) No proceedings shall be initiated in any court against any person

in respect of the publication, un der the author ity granted by the State

Assembly , of any document, report, vote or proceeding.

122

Explanation: For the purposes of this clause and clauses (1), (2), (3) and

(4), "State Assembly" means and includes the meeting of a committee of the

State Assembly.

(6) No mem ber of the State Assembly may be arrested during the

period from the issuance of a notice summoning the session to its prorogation.

Provided that nothing in this clause shall be deemed to prevent the arrest

under the law of any member on a criminal charge. If any member is so

arrested, the authority making such arrest shall forthwith give information

thereof to the person presiding over the State Assembly.

(7) Any breach of the privileges shall be deemed to constitute

contempt of the State Assembly , and the State Assembly shall have the

exclusive right to decide whether any breach of its privileges has taken place.

(8) If any person is in contempt of the State Assembly , the person

presiding over the State Assembly may, after a decision by the State Assembly

to that effect, admonish, warn or impose a sentence of imprisonment for a term

not exceeding three months or of a fine not exceeding ten thousand rupees on

such person, and such fine shall be recovered as a government due.

Provided that if such a person su bmits an apology to the satisfaction of

the State Assembly , it may either pardon him or her or remit or commute the

sentence imposed on him or her.

(9) Other matters relating to privileges of the State Assembly shall

be as provided in the State law.

188. Provisions relating to vote of confidence and motion of no -confidence : (1) The

Chief Minister may, whenever he or she considers necessary or appropriate to

show that he or she has confidence from the State Assembly, table a resolution

to that effect in the State Assembly for the vote of confidence .

123

(2) If the political party which the Chief Minister represents is

divided or a political party in coalition State G overnment withdraws its

support, the Chief Minister shall table a resolution in the State Assembly for a

vote of confidence within thirty days.

(3) If a resolution tabled under clauses (1) and (2) is not passed by a

majority of the total number of then members of the State Assembly , the Chief

Minister shall relieve of his or her office.

(4) One-fourth of the total number of then members of the State

Assembly may table in writing a motion of no -confidence against the Chief

Minister.