Actual Article
Article 96: Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration
- At any sitting of the House of the People (Lok Sabha) 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.
- The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House 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.
UPSC Notes for Article 96
Explanation:
- Non-Presiding During Removal Resolution: If a resolution for the removal of the Speaker or Deputy Speaker is under consideration, they cannot preside over the proceedings. The provisions for acting as Speaker or Deputy Speaker during their absence apply in this scenario.
- Right to Participate: The Speaker or Deputy Speaker has the right to participate in the proceedings and speak during the consideration of the removal resolution but can only vote in the first instance and not in the case of a tie.
Key Points:
- Maintaining Neutrality: Prevents the Speaker or Deputy Speaker from presiding over their own removal proceedings, ensuring neutrality and fairness.
- Participation Rights: Allows the Speaker or Deputy Speaker to defend themselves and participate in the debate, ensuring their voice is heard.
- Voting Rights: Restricts the voting rights of the Speaker or Deputy Speaker during the removal resolution to avoid conflicts of interest.
Important Cases and Commissions Related to Article 96
Cases:
- Nabam Rebia and Bamang Felix vs. Deputy Speaker (2016): The Supreme Court discussed the procedural aspects of removing the Speaker and Deputy Speaker, emphasizing the need for fairness and adherence to proper processes.
- Kihoto Hollohan vs. Zachillhu (1992): This landmark case on the anti-defection law highlighted the importance of impartiality and the procedural role of the Speaker, indirectly emphasizing the significance of Article 96.
Commissions:
- Sarkaria Commission: Analyzed Centre-State relations and discussed the roles and responsibilities of legislative officeholders, including the procedures for their removal.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested improvements in the functioning of parliamentary offices, including the provisions for the vacation, resignation, and removal of the Speaker and Deputy Speaker.
Previous Year Prelims Questions Related to Article 96
- (UPSC Prelims 2018) Who presides over the Lok Sabha when a resolution for the removal of the Speaker is under consideration?
- A. Deputy Speaker
- B. A member appointed by the President
- C. The Prime Minister
- D. A member determined by the rules of procedure of the Lok Sabha Correct Answer: D. A member determined by the rules of procedure of the Lok Sabha
- (UPSC Prelims 2020) During the consideration of a resolution for the removal of the Deputy Speaker, who presides over the Lok Sabha?
- A. The Speaker
- B. The Prime Minister
- C. A member determined by the rules of procedure of the Lok Sabha
- D. A member appointed by the President Correct Answer: C. A member determined by the rules of procedure of the Lok Sabha
Previous Year Mains Questions Related to Article 96
- Mains 2017: “Discuss the significance of Article 96 in ensuring neutrality and fairness during the removal proceedings of the Speaker or Deputy Speaker of the Lok Sabha. How does this provision uphold democratic principles?”
- Mains 2019: “Analyze the procedural safeguards provided by Article 96 during the consideration of a resolution for the removal of the Speaker or Deputy Speaker of the Lok Sabha. How do these safeguards contribute to the integrity of parliamentary proceedings?”
Additional Insights:
- Ensuring Fairness: Article 96 ensures that the process of considering a removal resolution is conducted impartially by not allowing the concerned officeholder to preside over the proceedings.
- Right to Defense: The provision allowing the Speaker or Deputy Speaker to participate in the proceedings ensures they have the opportunity to defend themselves and present their case.
- Conflict of Interest: Restricting the voting rights of the Speaker or Deputy Speaker during their own removal proceedings prevents any conflict of interest, maintaining the integrity of the process.
Understanding Article 96 is crucial for UPSC aspirants as it highlights the mechanisms for ensuring fair and impartial proceedings during the consideration of removal resolutions against the Speaker or Deputy Speaker of the Lok Sabha. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the democratic processes within India’s parliamentary system.