Art. 92 Part V: The Union

The Chairman or the Deputy Chairman Not to Preside While a Resolution for His Removal From Office Is Under Consideration

Exact text — Constitution of India

(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... shall not, though he is present, preside... (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, notwithstanding that he is presiding at, or is present at, the sitting.

In Plain English

What this Article actually means

A natural-justice safeguard — if the House is considering removing the Vice-President (who chairs the Rajya Sabha), that same individual can't preside over their OWN removal proceedings, though they retain the right to speak and defend themselves during the debate. A parallel rule (in the omitted portion) applies similarly to a Deputy Chairman facing their own removal resolution.

Why This Matters To You

How it shows up in everyday life

This is a basic fairness principle — nobody should be judge in their own case, so the person facing potential removal from a presiding role can't simultaneously control the very proceedings deciding their fate, even while they retain the right to make their case.

Read alongside this one

Art. 90 — Vacation and Resignation of, and Removal From, the Office of Deputy Chairman

Frequently Asked

Quick answers about Article 92

Can the Chairman still participate in the debate about their own removal?

Yes — clause (2) specifically preserves their right to speak and participate, just not to PRESIDE over that particular proceeding.

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The text above reproduces Article 92 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.