Actual Article
Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
- At any sitting of the Council of States (Rajya Sabha) while any resolution for the removal of the Chairman 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.
- The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council while any resolution for his removal from office is under consideration in the Council and shall 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 92
Explanation:
- Non-Presiding During Removal Resolution: If a resolution for the removal of the Chairman or Deputy Chairman is under consideration, they cannot preside over the proceedings. The provisions for acting as Chairman or Deputy Chairman during their absence apply in this scenario.
- Right to Participate: The Chairman or Deputy Chairman 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 Chairman or Deputy Chairman from presiding over their own removal proceedings, ensuring neutrality and fairness.
- Participation Rights: Allows the Chairman or Deputy Chairman to defend themselves and participate in the debate, ensuring their voice is heard.
- Voting Rights: Restricts the voting rights of the Chairman or Deputy Chairman during the removal resolution to avoid conflicts of interest.
Important Cases and Commissions Related to Article 92
Cases:
- Shivraj Singh Chouhan vs. Speaker, Madhya Pradesh Legislative Assembly (2020): Addressed procedural aspects of legislative office holders’ removal, providing insights applicable to the Rajya Sabha.
- R.K. Jain vs. Union of India (1993): Highlighted the procedural aspects and responsibilities of parliamentary office holders, emphasizing the importance of fair removal processes.
Commissions:
- Sarkaria Commission: Analyzed the roles and responsibilities of parliamentary office holders, including mechanisms for their removal.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested improvements for the functioning of parliamentary offices, including provisions for fair removal processes.
Previous Year Prelims Questions Related to Article 92
- (UPSC Prelims 2018) Who presides over the Rajya Sabha when a resolution for the removal of the Chairman is under consideration?
- A. Deputy Chairman
- B. A member appointed by the President
- C. The Prime Minister
- D. A member determined by the rules of procedure of the Rajya Sabha Correct Answer: D. A member determined by the rules of procedure of the Rajya Sabha
- (UPSC Prelims 2020) During the consideration of a resolution for the removal of the Deputy Chairman, who presides over the Rajya Sabha?
- A. The Chairman
- B. The Prime Minister
- C. A member determined by the rules of procedure of the Rajya Sabha
- D. A member appointed by the President Correct Answer: C. A member determined by the rules of procedure of the Rajya Sabha
Previous Year Mains Questions Related to Article 92
- Mains 2016: “Discuss the significance of Article 92 in ensuring the neutrality and fairness of removal proceedings against the Chairman or Deputy Chairman of the Rajya Sabha.”
- Mains 2019: “Analyze the procedural safeguards provided by Article 92 during the consideration of a resolution for the removal of the Chairman or Deputy Chairman of the Rajya Sabha. How do these safeguards contribute to the integrity of parliamentary proceedings?”
Additional Insights:
- Ensuring Fairness: Article 92 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 Chairman or Deputy Chairman 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 Chairman or Deputy Chairman during their own removal proceedings prevents any conflict of interest, maintaining the integrity of the process.
Understanding Article 92 is crucial for UPSC aspirants as it highlights the mechanisms for ensuring fair and impartial proceedings during the consideration of removal resolutions against the Chairman or Deputy Chairman of the Rajya 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.