The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
Article 92 — The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
- The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President from his office is under consideration, the Chairman, or while any resolution for the removal of the Deputy Chairman from his office is under consideration, the Deputy Chairman, shall not, though he is present, preside, and the provisions of clause (2) of article 91 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman, or, as the case may be, the Deputy Chairman, is absent.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.
Plain English Summary
This article sets rules for who can lead (preside) in the Council of States when a formal motion is being considered to remove the Vice-President or the Deputy Chairman from their positions. It ensures that the presiding officer does not interfere while such sensitive removal proceedings are happening.
Key Points
- The Chairman cannot preside if a resolution to remove the Vice-President is under consideration.
- The Deputy Chairman cannot preside if a resolution to remove the Deputy Chairman is under consideration.
- The rules regarding absence (as mentioned in Article 91) still apply even when the Chairman or Deputy Chairman is absent.
- The Chairman can speak during these proceedings but cannot vote on the removal resolution or any other matter.
Why It Matters
This provision maintains procedural fairness and order within the Council of States during critical constitutional processes involving the removal of high-ranking officials.
Landmark Judgements
No major landmark judgements.