Answer By law4u team
Constitution Of India Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President 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.
(2) The Chairman shall have the right to speak in, and otherwise to take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, but, notwithstanding anything in article 100, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings
Brief Detail
Article 92 states that neither the Chairman nor the Deputy Chairman shall preside over the Council of States during a sitting where a resolution for their removal is under consideration. The provisions of Article 91(2) apply in such situations.
Question & Answers
What happens when a resolution for the removal of the Vice-President or Deputy Chairman is under consideration?
The Chairman or Deputy Chairman, as the case may be, shall not preside over the Council of States during such a sitting. Instead, the procedures outlined in Article 91(2) apply.
What is the role of Article 91(2) in relation to Article 92?
Article 91(2) provides for the appointment of an acting Chairman or Deputy Chairman when they are absent or in situations where they cannot preside, such as during a resolution for their removal.
Example
If a resolution for the removal of the Deputy Chairman is being discussed, he will not preside over the sitting. Instead, a member appointed by the Council will take over the duties.
Summary
Article 92 prevents the Chairman or Deputy Chairman from presiding over the Council of States during a sitting when a resolution for their removal is being considered, following the procedures similar to those in Article 91.
