Constitution of India · Section Article 96
The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
Article 96 — The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
- The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.—(1) At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent. (2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.
Plain English Summary
This article states that if a motion is being discussed to remove the Speaker or Deputy Speaker from their post, they cannot preside over the meeting. This ensures that the proceedings related to removing them are handled without their direct involvement.
Key Points
- The Speaker cannot preside when a resolution for their removal is being considered.
- The Deputy Speaker cannot preside when a resolution for their removal is being considered.
- The rules regarding absence (as mentioned in Article 95(2)) still apply to these sessions.
- The Speaker retains the right to speak and participate in the proceedings during such discussions.
Why It Matters
This rule maintains procedural fairness by preventing the presiding officers from influencing the vote or discussion related to their own removal, ensuring a neutral process.
Landmark Judgements
No major landmark judgements.