Article 96 of Constitution of India – The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
Article 96 of Constitution of India deals with The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
Original Text of Article 96 of Constitution of India
(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.
Article 96 ensures that the Speaker or Deputy Speaker of the Lok Sabha cannot preside over the House while a resolution for their removal is under discussion. This provision maintains fairness under the Constitution of India.
This prevents conflict of interest by making sure the concerned authority doesn’t influence or control the proceedings about their own removal, thereby upholding democratic integrity under the Articles of Indian Constitution.
In such a scenario, the House elects a member to act as Speaker during the consideration of the resolution, as per Article 96 of the Indian Constitution.
Yes, a similar rule exists under Article 92, which applies to the Chairman and Deputy Chairman of the Rajya Sabha, ensuring consistency in parliamentary procedure across both Houses as seen in Indian Kanoon references.
You can visit Indian Kanoon to explore legal commentaries, case laws, and parliamentary records that explain how Article 96 is applied in practice under the Constitution of India.
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