Part V - Parliament • Article

Article 92 Simplified: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

If there is a vote going on to remove the Chairman or Deputy Chairman, that person cannot 'preside' (sit in the big chair) while their own removal is being discussed. They can still speak and be present, but someone else must lead the meeting to keep it fair.

Official Text

(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.

Simple Meaning

Explain Like Ten

Imagine if the school's head teacher was being voted out — it wouldn't be fair for them to run that meeting! Article 92 says exactly that: if Rajya Sabha is voting to remove the Chairman (VP) or Deputy Chairman, that person cannot sit in the presiding chair. But — unlike Lok Sabha's Speaker — the RS Chairman cannot vote at ALL (not even a casting vote) during this debate.

Student Mode

Article 92 is a fairness provision ensuring impartiality when the presiding officer faces a removal motion: (1) If a removal resolution against the VP is being considered, the Chairman (VP) cannot preside. (2) If a removal resolution against the Deputy Chairman is being considered, the Deputy Chairman cannot preside. (3) The Chairman CAN speak and participate but CANNOT vote at all on the removal resolution or on any matter during those proceedings. This is stricter than Article 96 (Speaker), who can vote in the first instance.

Example

If an office-holder's power or duty is questioned, Article 92 clarifies how the chairman or the deputy chairman not to preside while a resolution for his removal from office is under consideration fits into Parliament's working rules.

Key Takeaway

You cannot be the judge of your own case in Parliament.

FAQs

Can the RS Chairman vote during their own removal proceedings?

No. Article 92(2) explicitly says the Chairman shall not be entitled to vote at all — not even a casting vote — during proceedings concerning the removal of the Vice-President.

How is Article 92 different from Article 96 (Speaker's removal)?

Under Article 96, the Speaker can vote in the 'first instance' during their removal debate. Under Article 92, the RS Chairman (VP) cannot vote at all — a stricter standard.

Quiz

While a removal resolution against the Vice-President is under consideration, the Chairman (VP) of the RS:

Answer: Can speak but cannot preside or vote at all

Article 92 applies when a removal resolution is being considered against:

Answer: The Chairman (VP) or the Deputy Chairman of the Rajya Sabha