Presiding Officer Barred from Chair During Own Removal Resolution
Official heading: “The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 92, printed pages 41–42
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
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1. In One Sentence
Article 92 bars the Chairman or Deputy Chairman from presiding over Rajya Sabha while a resolution for their removal is under consideration, giving the Chairman a right to speak but no vote.
2. What It Means in Everyday Language
Article 92 enforces the fundamental principle of natural justice: no one should be a judge in their own cause (nemo judex in causa sua).
Clause (1) provides that at any sitting of the Council of States, while a resolution for the removal of the Vice-President (Chairman) is under consideration, the Chairman cannot preside, even if present. Similarly, the Deputy Chairman cannot preside while a resolution for their own removal is under consideration.
Clause (2) outlines speaking and voting rights during removal proceedings: the Chairman has the right to speak and take part in the proceedings to defend themselves. However, because the Chairman is not an elected member of the House, they are not entitled to vote on the removal resolution or any other matter, even in the case of a tie.
3. Practical Illustrative Example
A motion for the removal of the Vice-President is listed for discussion on the Rajya Sabha order paper.
4. Important Limits, Qualifications & Exceptions
Article 92 guarantees procedural impartiality during removal proceedings in the Rajya Sabha.
- Mandatory disqualification from presiding during personal removal motions.
- Upholds natural justice by barring self-adjudication from the Chair.
- Right of defense: Chairman may speak and present arguments.
- Voting exclusion: Chairman has zero voting entitlement during removal proceedings.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 92, printed pages 41–42 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.