Part V: The Union

Chapter I: The Executive

The Parliament

Article 96: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

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(1) At any sitting of the House of the People, 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.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People 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.

Explanations

Article 96 of the Constitution of India outlines the process to be followed during the consideration of a resolution for the removal of the Speaker or Deputy Speaker of the Lok Sabha. This article safeguards the integrity of the proceedings by ensuring that the presiding officer does not influence the outcome of their own removal process, while still allowing them to participate in the deliberations.

Clause-by-Clause Breakdown

• Clause (1): Prohibition on Presiding Over Removal Resolutions
  Clause (1) of Article 96 ensures that the Speaker or Deputy Speaker cannot preside over any session of the Lok Sabha where a resolution for their removal is under discussion. The provision of Article 95(2) comes into effect, meaning the Deputy Speaker or another member as determined by the House would preside over the proceedings. This clause is essential for maintaining impartiality during sensitive proceedings, as it removes any possibility of the person facing removal from influencing the process.
• Clause (2): Participation and Voting Rights of the Speaker
  Clause (2) allows the Speaker the right to participate in discussions and cast a vote when a resolution for their removal is being considered. This is an exception to normal proceedings, where the Speaker usually only casts a vote in the case of a tie. In these special circumstances, the Speaker is permitted to vote in the first instance on the resolution, but is explicitly barred from casting a vote in the case of a tie. This prevents any undue advantage or influence from being exerted by the Speaker in such matters.

Real-Life Examples

• Example: While no Speaker has been removed from office in India to date, this clause ensures that the presiding officer’s influence is curtailed in the event of such a motion. If a resolution were brought against the Deputy Speaker, for instance, the Speaker or another member would take over the presiding duties during the discussion, ensuring fairness and transparency in the proceedings.
• Example: If a motion for removal were introduced against a Speaker, they would have the right to present their defense and vote during the proceedings. However, if the vote were tied, the Speaker would be prohibited from breaking the tie, thus maintaining the impartiality of the process. This ensures that the removal proceedings are conducted fairly and without bias.

Historical Significance

The provisions of Article 96 were inspired by the British parliamentary system, where the impartiality of the Speaker is a key principle. By preventing the Speaker or Deputy Speaker from presiding over their own removal process, the Constitution guarantees an unbiased and transparent approach to such resolutions. The framers of the Indian Constitution incorporated these provisions to protect the integrity of the legislative process and ensure that the presiding officers are accountable to the members of the Lok Sabha.

Legislative History

Article 96 of the Indian Constitution was incorporated as part of the original document without much debate, as the principles of impartiality and fairness in removal proceedings were widely accepted during the drafting process.

Debates and Amendments

Since no amendments were proposed and discussions were minimal during the introduction of this article, the Constituent Assembly adopted it as originally drafted into the Indian Constitution.