Why in News: BJP MLA Rathindra Bose (Cooch Behar Dakshin constituency) was elected unopposed as Speaker of the 18th West Bengal Legislative Assembly on May 15, 2026, administered by Pro tem Speaker Tapas Roy. Bose, a Chartered Accountant and first-time MLA, became the first Speaker from North Bengal in the state’s history. His name was proposed by Chief Minister Suvendu Adhikari; BJP won 207 of 294 seats in the 2026 West Bengal Assembly election.
Constitutional Provisions – Office of Speaker (State Legislature)
Article 178 – Election of Speaker
“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…”
- The Speaker is elected by members of the Legislative Assembly by a simple majority
- Election is held at the first sitting of the newly constituted Assembly
- If the Speaker’s office is vacant, the Deputy Speaker discharges the functions
Article 179 – Vacation and Resignation of Office
| Situation | Provision |
|---|---|
| Member ceases to be MLA | Vacates the Speaker’s office |
| Resignation | Speaker writes to Deputy Speaker; Deputy Speaker writes to Speaker |
| Removal | Resolution passed by effective majority (majority of total membership) – 14 days’ notice required |
Article 180 – Power of Deputy Speaker
When the Speaker is absent, the Deputy Speaker presides. When both are absent, a person determined by the Assembly rules presides.
Article 181 – Speaker Not to Preside During Own Removal
The Speaker cannot preside over a session when a resolution for their own removal is being considered – the Deputy Speaker presides in such circumstances.
Role and Powers of the Speaker (State Legislature)
The Speaker is the constitutional head of the Legislative Assembly and guardian of its rules, privileges, and dignity.
Key Powers
| Power | Detail |
|---|---|
| Presiding over sessions | Maintains order; decides points of order; can suspend members |
| Certifying Money Bills | Under Article 199 – Speaker’s certificate is final (State equivalent of Article 110) |
| Casting vote | Speaker does not vote in the first instance; casts a casting vote only in case of a tie |
| Disqualification | Decides on disqualification of members under the Tenth Schedule (anti-defection) |
| Committee appointments | Nominates members to parliamentary/assembly committees |
| Privileges | Upholds the privileges of the House and its members under Article 194 |
| Pro tem Speaker | Appointed by the Governor to administer oath to newly elected members before permanent Speaker is elected |
Tenth Schedule (Anti-Defection)
The Speaker’s quasi-judicial role under the Tenth Schedule (52nd Constitutional Amendment, 1985) is the most contentious:
- The Speaker decides whether an MLA has defected (voted against party whip / voluntarily given up party membership)
- The Supreme Court in Keisham Meghachandra Singh v. Speaker (2020) held that the Speaker must decide disqualification petitions within 3 months
- But the Speaker’s decision can be challenged in court (SC in Kihoto Hollohan v. Zachillhu, 1992 – 5-judge bench)
Pro tem Speaker – Role and Appointment
| Feature | Detail |
|---|---|
| Appointment | By Governor (not elected) – usually the senior-most member in the new Assembly |
| Function | Administers oath to newly elected members; presides over election of Speaker and Deputy Speaker |
| Duration | Ceases to hold office once the Speaker is elected |
| Legal basis | The Constitution does not explicitly mention pro tem Speaker – it is a constitutional convention |
In West Bengal 2026: Tapas Roy (BJP, senior-most MLA) was appointed pro tem Speaker by Governor R.N. Ravi (C.V. Ananda Bose had resigned as Governor on March 5, 2026).
West Bengal Legislature – Facts
| Feature | Detail |
|---|---|
| Legislature type | Unicameral (only Legislative Assembly; no Legislative Council) |
| Total seats | 294 (elected) |
| Current Assembly | 18th West Bengal Legislative Assembly |
| 2026 election result | BJP won 207 seats (majority in 294-seat House); TMC and others in opposition |
| Speaker | Rathindra Bose (BJP, Cooch Behar Dakshin) |
| CM | Suvendu Adhikari (BJP) – first BJP CM of West Bengal |
| Governor | R.N. Ravi (C.V. Ananda Bose resigned March 5, 2026) |
Comparison of Speaker Provisions – State vs. Centre
| Feature | Lok Sabha (Centre) | State Legislative Assembly |
|---|---|---|
| Constitutional Article | Article 93 | Article 178 |
| Elected by | Members of Lok Sabha | Members of State LA |
| Casting vote | In case of tie | In case of tie |
| Money Bill certification | Article 110 | Article 199 |
| Removal resolution notice | 14 days | 14 days |
| Anti-defection authority | Tenth Schedule | Tenth Schedule |
UPSC Relevance
GS Paper 2 – Polity and Governance
- Constitutional provisions for Speaker’s election: Article 178 (State), Article 93 (Parliament)
- Role of Pro tem Speaker; appointment by Governor (convention, not constitutional mandate)
- Anti-defection law (Tenth Schedule, 52nd CA 1985); Speaker’s quasi-judicial role; judicial review
- State legislature – unicameral vs. bicameral; West Bengal as unicameral legislature
Keywords: Article 178, Speaker State Legislature, pro tem Speaker, Tenth Schedule anti-defection, Rathindra Bose, West Bengal 18th Assembly, Article 179 removal of Speaker, Kihoto Hollohan case, casting vote.
Facts Corner – Knowledgepedia
Article 178: Election of Speaker and Deputy Speaker by members of State Legislative Assembly (equivalent of Article 93 for Lok Sabha).
Tenth Schedule (Anti-Defection): Added by 52nd Constitutional Amendment Act, 1985; Speaker decides disqualification; grounds: voluntarily giving up party membership; voting contrary to party direction; abstaining from voting against party direction; no disqualification if merger (at least 2/3rd of original party merges into another).
Kihoto Hollohan v. Zachillhu (1992): 5-judge SC bench upheld the Tenth Schedule as constitutional; BUT held that the Speaker’s disqualification decision is subject to judicial review (not a final and binding decision).
Keisham Meghachandra Singh v. Speaker (2020): SC held that Speaker must decide disqualification petitions within a reasonable time (indicative: 3 months); prolonged delay is subject to court intervention.
West Bengal Legislature: Unicameral; 294 seats; last had a Legislative Council until it was abolished in 1969.
