Answer By law4u team
Constitution Of India Article 96: The Speaker or the Deputy Speaker Not to Preside While a Resolution for His Removal from Office Is Under Consideration
(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.
Brief Detail
Article 96 ensures impartiality during proceedings concerning the removal of the Speaker or Deputy Speaker by disallowing them from presiding over such discussions. However, the Speaker retains the right to participate and cast a vote, though only in the first instance and not in case of a tie.
Question & Answers
What happens if a resolution for the removal of the Speaker is under consideration?
The Speaker is disallowed from presiding over the session during such proceedings but can participate in the discussions and vote initially, though not in the event of a tie.
Can the Deputy Speaker preside if a resolution for his removal is under consideration?
No, the Deputy Speaker is also prohibited from presiding over the session during such proceedings, similar to the Speaker.
Example
If a resolution is introduced in the Lok Sabha to remove the Speaker from office, the Speaker cannot chair the session. Instead, another member, as determined by the rules of the Lok Sabha, will preside over the proceedings.
Summary
Article 96 ensures a fair process during the consideration of resolutions for removing the Speaker or Deputy Speaker by preventing them from presiding over the session. It also outlines their limited participation rights in such proceedings.
