Article 92 of the Indian Constitution prohibits the Chairman or the Deputy Chairman of the Rajya Sabha, from presiding over its proceedings while a resolution for their removal from office is under consideration. This article ensures fairness and impartiality in the process of removal of these presiding officers and upholds the principles of transparency and accountability in India’s parliamentary system. It prevents any potential conflict of interest during such proceedings and ensures that the legislative process continues with the utmost integrity.
What does Article 92 states ?
The Chairman or the Deputy chairman not to preside while a resolution for his removal from office is under consideration
(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 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
The Significance of Article 92
Article 92 of the Indian Constitution serves as a vital safeguard against potential conflicts of interest during the removal process of the Chairman and the Deputy Chairman of the Rajya Sabha. It addresses a situation where a resolution for the removal of a presiding officer is under consideration. During this crucial period, Article 92 ensures that the Chairman or the Deputy Chairman refrains from presiding over the Rajya Sabha’s proceedings to avoid any semblance of bias or undue influence on the outcome of the resolution.
Transparency and Fairness
The inclusion of Article 92 reflects the framers’ commitment to transparency and fairness in India’s parliamentary system. By mandating that the presiding officer should not preside over the proceedings during the removal process, the article ensures that all members of the Rajya Sabha can freely express their views and exercise their right to vote without any apprehensions