Article 92 of Constitution of India – The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
Article 92 of Constitution of India deals with The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
Original Text of Article 92 of Constitution of India
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.
Questions related to Article 92 of Constitution of India
Article 92 ensures that neither the Chairman nor the Deputy Chairman of the Rajya Sabha presides over the House when a resolution for their removal is under consideration, maintaining fairness under the Constitution of India.
To avoid any conflict of interest and ensure impartiality in the proceedings, Article 92 prohibits them from presiding during such discussions, as per the principles of the Articles of Indian Constitution.
In such situations, a member chosen by the House presides temporarily. This ensures smooth proceedings, as outlined in Article 92 and elaborated in practice and rulings on Indian Kanoon.
Article 92 specifically applies to the Council of States (Rajya Sabha). A similar provision for the Lok Sabha Speaker and Deputy Speaker exists under Article 95 of the Indian Constitution.
You can explore Indian Kanoon for parliamentary debates, constitutional discussions, and legal references that highlight the application and interpretation of Article 92 in the Constitution of India.
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