Constitution Section 92 — The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

Part V — THE UNION — Officers of Parliament

Constitutional

Summary

When the Council of States is discussing a resolution to remove the Vice-President, the Chairman of the Council cannot preside over that sitting, even if present. Similarly, when a resolution to remove the Deputy Chairman is being discussed, the Deputy Chairman cannot preside. In such cases, the rules that apply when the Chairman or Deputy Chairman is absent will be followed.

The Chairman is allowed to speak and take part in the proceedings while a resolution for the removal of the Vice-President is being considered. However, despite the usual voting rules, the Chairman is not allowed to vote at all on that resolution or on any other matter during those proceedings.

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.