Article 92 of the Constitution of India deals with the restriction on the Chairman and Deputy Chairman of the Council of States (Rajya Sabha) from presiding over proceedings when a resolution for their removal, or in the case of the Chairman, the removal of the Vice-President, is under consideration.
- Meaning of Article 92
- Article 92(1) – Chairman Not to Preside
- Article 92(2) – Chairman’s Participation and Voting
- Article 92(2) and “Notwithstanding Article 100”
- Deputy Chairman Not to Preside
- Deputy Chairman Can Participate
- Chairman vs Deputy Chairman
- Why Does Article 92 Exist?
- Article 92 and Removal of Vice-President
- Article 92 and Removal of Deputy Chairman
- Article 92 and Article 91
- Article 92 and Article 100
- Article 92 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
The provision ensures that the person whose office is directly involved in the removal proceedings does not preside over those proceedings.
Meaning of Article 92
Article 92 establishes two important rules:
- The Chairman of Rajya Sabha cannot preside while a resolution for the removal of the Vice-President from office is under consideration.
- The Deputy Chairman cannot preside while a resolution for their own removal from office is under consideration.
The Article also specifies what the Chairman and Deputy Chairman can do during such proceedings.
Article 92(1) – Chairman Not to Preside
Article 92(1) provides that when a resolution for the removal of the Vice-President from office is under consideration in the Council of States, the Chairman shall not preside over the sitting.
This is because the Vice-President is the ex officio Chairman of Rajya Sabha under Article 64.
Therefore, when the removal of the Vice-President is being considered, the Chairman cannot preside over the proceedings.
Who Presides Instead?
The Deputy Chairman may preside over the sitting, subject to the constitutional provisions governing the conduct of proceedings.
This prevents the Vice-President, while serving as Chairman, from presiding over proceedings concerning the Vice-President’s own removal.
Article 92(2) – Chairman’s Participation and Voting
Article 92(2) provides an important exception to the restriction on the Chairman.
Although the Chairman cannot preside, the Chairman may:
- Speak in the proceedings; and
- Otherwise take part in the proceedings.
However, the Constitution places a specific restriction on voting.
The Chairman shall not be entitled to vote at all on the resolution for removal of the Vice-President.
The Chairman is also not entitled to vote on any other matter during those proceedings.
Therefore, the Chairman has no voting right during the proceedings covered by Article 92.
Important Point
This is different from the ordinary voting position of the Chairman under Article 100.
Ordinarily, the Chairman does not vote in the first instance but has a casting vote in case of equality.
However, Article 92(2) specifically provides that the Chairman cannot vote at all during the proceedings covered by that provision.
Therefore:
Cannot preside → Yes
Can speak → Yes
Can participate → Yes
Can vote → No
Can exercise casting vote → No
Article 92(2) and “Notwithstanding Article 100”
Article 92(2) specifically operates notwithstanding anything in Article 100.
This is important because Article 100 generally deals with voting in Parliament and the casting vote of the presiding officer.
Article 92 creates a special rule for proceedings concerning the removal of the Vice-President.
Thus, the Chairman’s ordinary casting-vote power does not apply during these proceedings.
Deputy Chairman Not to Preside
Article 92 also deals with the removal of the Deputy Chairman.
When a resolution for the removal of the Deputy Chairman is under consideration in the Council of States, the Deputy Chairman cannot preside over the sitting.
This prevents the Deputy Chairman from controlling proceedings concerning their own removal.
Deputy Chairman Can Participate
The prohibition under Article 92 concerns presiding, not participation.
Therefore, the Deputy Chairman may:
- Speak in the proceedings;
- Otherwise take part in the proceedings; and
- Vote as a member of Rajya Sabha.
The Deputy Chairman remains a member of the Council of States and retains the ordinary voting rights of a member.
Chairman vs Deputy Chairman
| Chairman | Deputy Chairman |
|---|---|
| Cannot preside during resolution for removal of Vice-President | Cannot preside during resolution for own removal |
| May speak | May speak |
| May otherwise participate | May otherwise participate |
| Cannot vote at all during those proceedings | May vote as a Rajya Sabha member |
| No casting vote during those proceedings | No special casting vote under Article 92 |
Why Does Article 92 Exist?
Article 92 prevents the presiding officer from controlling proceedings concerning the relevant removal resolution.
The Chairman or Deputy Chairman may participate where constitutionally permitted, but they cannot preside over the proceedings in which their removal or the removal of the Vice-President is being considered.
This creates an important procedural safeguard for parliamentary proceedings.
Article 92 and Removal of Vice-President
The Vice-President of India is the ex officio Chairman of Rajya Sabha.
Under Article 67(b), the Vice-President may be removed by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People.
Article 92 ensures that the Vice-President, while serving as Chairman, does not preside over the Rajya Sabha proceedings concerning that removal resolution.
Article 92 and Removal of Deputy Chairman
Article 90 provides for the removal of the Deputy Chairman by a resolution of Rajya Sabha.
The resolution requires:
- A majority of all the then members of the Council; and
- At least 14 days’ notice of the intention to move the resolution.
Article 92 then prevents the Deputy Chairman from presiding while that resolution is under consideration.
Therefore:
Article 90 → Removal of Deputy Chairman
Article 92 → Restriction on presiding during removal proceedings
Article 92 and Article 91
Article 91 deals with the performance of the duties of Chairman by the Deputy Chairman or another person in specified circumstances.
When the Chairman cannot preside because of Article 92, the constitutional arrangements for the conduct of Rajya Sabha proceedings operate accordingly.
Therefore:
Article 91 → Who performs Chairman’s duties
Article 92 → Who cannot preside during specified removal proceedings
Article 92 and Article 100
Article 100 deals with voting in Parliament.
Ordinarily, the Chairman does not vote in the first instance but has a casting vote in case of equality.
However, Article 92(2) creates a specific exception.
During proceedings concerning the removal of the Vice-President:
Article 92(2) overrides the ordinary voting position under Article 100.
The Chairman cannot vote at all during those proceedings.
Article 92 at a Glance
| Situation | Constitutional Rule |
|---|---|
| Resolution for removal of Vice-President under consideration | Chairman cannot preside |
| Chairman’s participation | Allowed |
| Chairman’s voting right during proceedings | Not allowed |
| Chairman’s casting vote | Not available |
| Resolution for removal of Deputy Chairman under consideration | Deputy Chairman cannot preside |
| Deputy Chairman’s participation | Allowed |
| Deputy Chairman’s voting right | Allowed as a member |
| Main purpose | Prevent the concerned presiding officer from presiding over removal proceedings |
Common Confusions
Can the Chairman Preside Over a Resolution for Removal of the Vice-President?
No.
The Chairman cannot preside while the resolution for removal of the Vice-President is under consideration.
Can the Chairman Participate in the Proceedings?
Yes.
The Chairman may speak and otherwise take part in the proceedings.
Can the Chairman Vote During These Proceedings?
No.
Article 92(2) expressly provides that the Chairman shall not be entitled to vote at all during the proceedings.
Can the Chairman Exercise a Casting Vote?
No.
The Chairman’s ordinary casting-vote power under Article 100 does not apply during these proceedings.
Can the Deputy Chairman Preside Over Their Own Removal?
No.
The Deputy Chairman cannot preside while a resolution for their removal is under consideration.
Can the Deputy Chairman Participate?
Yes.
The Deputy Chairman may speak and otherwise participate in the proceedings.
Can the Deputy Chairman Vote on the Removal Resolution?
Yes.
The Deputy Chairman remains a member of Rajya Sabha and may vote as a member.
Why Can’t the Chairman Preside?
Because the Chairman is the Vice-President of India, and the resolution concerns the removal of the Vice-President.
Quick Revision
- Article 92 → Restriction on Chairman and Deputy Chairman presiding during specified removal proceedings.
- Chairman cannot preside when a resolution for removal of the Vice-President is under consideration.
- Chairman may speak and participate.
- Chairman cannot vote at all during those proceedings.
- Chairman has no casting vote during those proceedings.
- Deputy Chairman cannot preside when a resolution for their own removal is under consideration.
- Deputy Chairman may participate and vote as a Rajya Sabha member.
- Article 90 → Removal of Deputy Chairman.
- Article 91 → Performance of Chairman’s duties.
- Article 100 → Voting in Parliament.
- Article 67(b) → Removal of Vice-President.
Conclusion
Article 92 establishes an important procedural safeguard in the functioning of Rajya Sabha. It prevents the Chairman from presiding over proceedings concerning the removal of the Vice-President and prevents the Deputy Chairman from presiding over proceedings concerning their own removal.
The Chairman may participate in the relevant proceedings but cannot vote at all, including through a casting vote. The Deputy Chairman may participate and vote as a member of Rajya Sabha but cannot preside.
The key point to remember is:
Article 92 → Chairman cannot preside during a resolution for removal of the Vice-President, while the Deputy Chairman cannot preside during a resolution for their own removal. The Chairman may participate but cannot vote at all during those proceedings.
