Part V - Parliament • Article

Article 96 Simplified: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

Just like in the Rajya Sabha, if the Lok Sabha is voting to remove the Speaker, that Speaker cannot lead that specific meeting. They can speak and even vote in the first instance, but they cannot sit in the Speaker's chair during the debate.

Official Text

(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.

Simple Meaning

Explain Like Ten

If MPs are discussing removing the Speaker from their job, it would be unfair for the Speaker to run that meeting. So Article 96 says: the Speaker must step aside and someone else chairs. But the Speaker can still stand up, speak in their own defence, and even cast a first vote — they just can't be the referee of the game where they're the one being judged!

Student Mode

Article 96 is the fairness provision for the Lok Sabha's presiding officers: (1) During a removal resolution against the Speaker — the Speaker cannot preside; another member does. (2) During a removal resolution against the Deputy Speaker — the Deputy Speaker cannot preside. (3) The Speaker CAN speak and participate in proceedings while their removal is discussed. (4) Crucially, unlike the RS Chairman (Article 92), the Speaker IS entitled to vote 'in the first instance' — only casting vote in a tie is excluded. This means the Speaker can defend themselves by voting.

Example

If an office-holder's power or duty is questioned, Article 96 clarifies how the speaker or the deputy speaker not to preside while a resolution for his removal from office is under consideration fits into Parliament's working rules.

Key Takeaway

Ensures fairness when removing the leader of the House.

FAQs

Can the Speaker vote during their own removal proceedings?

Yes, but only 'in the first instance' (as a regular member's vote). They cannot exercise the casting vote in case of a tie during those proceedings. This differs from the Rajya Sabha Chairman (Article 92) who cannot vote at all.

Who presides over the Lok Sabha when the Speaker's removal is being debated?

Under Article 95(2), a member determined by the Rules of Procedure or by the House presides.

Quiz

While a resolution for the Speaker's removal is under consideration, the Speaker:

Answer: Can speak and vote in the first instance but cannot preside

How does Article 96 (Speaker) differ from Article 92 (RS Chairman) regarding voting during a removal debate?

Answer: The Speaker can vote in first instance; the RS Chairman cannot vote at all