Article 96 of the Constitution of India regulates the conduct of proceedings in the Lok Sabha when a resolution for the removal of the Speaker or Deputy Speaker from office is under consideration. It prevents the member whose removal is being considered from presiding over the proceedings, while preserving specific rights of the Speaker to participate and vote.
- Meaning of Article 96
- Clause-wise Explanation
- Clause (2): Rights of the Speaker during removal proceedings
- The Special Voting Rule
- What about the Deputy Speaker?
- Relationship with Article 94
- Relationship with Article 95
- Relationship with Article 100
- Important Distinctions
- Common Confusions
- Article at a Glance
- Quick Revision
- Conclusion
Meaning of Article 96
Article 96 creates a constitutional exception to the ordinary rules governing the presiding officer of the House of the People.
Normally, the Speaker presides over sittings of the Lok Sabha. However, when a resolution seeking the Speaker’s removal from office is under consideration, the Speaker cannot preside over that sitting. Similarly, when a resolution seeking the removal of the Deputy Speaker is under consideration, the Deputy Speaker cannot preside.
The purpose is to ensure that a person whose continuance in office is itself being considered does not control or preside over the proceedings concerning their own removal.
At the same time, Article 96 does not completely exclude the Speaker from the proceedings. Clause (2) expressly preserves the Speaker’s right to participate and gives the Speaker a limited voting right during such proceedings.
Clause-wise Explanation
Clause (1): Speaker or Deputy Speaker cannot preside
Article 96(1) applies when a resolution for the removal of the Speaker or Deputy Speaker is under consideration in the House of the People.
It creates two corresponding rules:
- If a resolution for the removal of the Speaker is under consideration, the Speaker cannot preside.
- If a resolution for the removal of the Deputy Speaker is under consideration, the Deputy Speaker cannot preside.
The prohibition applies even if the concerned Speaker or Deputy Speaker is physically present in the House. The Constitution expressly states that the concerned officer shall not preside “though he is present”.
Who presides when the Speaker cannot preside?
Article 96(1) provides that Article 95(2) will apply to such a sitting in the same manner as it applies when the Speaker is absent.
Article 95(2) provides that, during the Speaker’s absence from a sitting, the Deputy Speaker acts as Speaker. If the Deputy Speaker is also absent, the person determined by the rules of procedure of the House acts as Speaker; if no such person is present, another person determined by the House may act as Speaker.
Therefore, Article 96 does not leave the House without a presiding authority. Instead, it applies the mechanism under Article 95(2).
Clause (2): Rights of the Speaker during removal proceedings
Article 96(2) specifically deals with the Speaker’s position when a resolution for the Speaker’s own removal is under consideration.
Although the Speaker cannot preside, the Constitution expressly provides that the Speaker:
- has the right to speak in the proceedings;
- has the right to otherwise take part in the proceedings; and
- has a limited right to vote.
Thus, Article 96 does not treat the Speaker as disqualified from participating merely because a resolution for removal is being considered.
Speaker’s right to speak
The Speaker may speak in the House while the resolution for the Speaker’s removal is under consideration.
This allows the Speaker to participate in the debate concerning the resolution and to present their position before the House.
Speaker’s right to take part in proceedings
The constitutional protection goes beyond merely allowing the Speaker to speak. Article 96(2) expressly allows the Speaker to otherwise take part in the proceedings of the House.
Therefore, the Speaker is not excluded from the proceedings merely because the resolution concerns the Speaker’s own removal.
Speaker’s voting right
The voting rule under Article 96(2) is particularly important.
Article 100 ordinarily provides the general voting rules for Parliament, including the rule concerning the Speaker’s voting position. Article 96(2) creates a special rule for proceedings concerning the Speaker’s removal.
During such proceedings, the Speaker is entitled to vote in the first instance on:
- the resolution for the Speaker’s removal; and
- any other matter during those proceedings.
However, the Speaker cannot vote in the case of an equality of votes.
This means that the Speaker does not have a casting vote in these proceedings.
The Special Voting Rule
The ordinary rule under Article 100 is that the Chairman or Speaker of a House does not vote in the first instance but exercises a casting vote when there is an equality of votes.
Article 96(2) reverses this position for proceedings covered by the provision.
| Situation | Speaker’s position |
|---|---|
| Ordinary proceedings | Does not vote in the first instance; may exercise a casting vote in case of equality |
| Proceedings concerning Speaker’s removal | May vote in the first instance |
| Equality of votes during Speaker’s removal proceedings | Cannot vote |
Thus, Article 96(2) is a specific constitutional exception to the ordinary voting rule contained in Article 100.
What about the Deputy Speaker?
A careful distinction must be made here.
Article 96(2) expressly confers the special rights to speak, participate and vote on the Speaker while a resolution for the Speaker’s removal is under consideration. Its wording does not separately confer the same special rights on the Deputy Speaker during proceedings for the Deputy Speaker’s removal.
The Deputy Speaker, when not presiding, remains a member of the House and is therefore subject to the ordinary constitutional rules governing members’ participation and voting.
The important point for examination purposes is that Article 96(2) specifically deals with the Speaker; it should not be mechanically read as creating an identical special voting rule for the Deputy Speaker.
Relationship with Article 94
Article 94 deals with the vacation, resignation and removal from the offices of the Speaker and Deputy Speaker.
Under Article 94(c), the Speaker or Deputy Speaker may be removed from office by a resolution of the House of the People passed by a majority of all the then members of the House.
A resolution for removal cannot be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Article 94 therefore deals with how the office may be vacated or the officer removed, while Article 96 deals with how the House is to conduct its proceedings when such a removal resolution is under consideration.
Relationship with Article 95
Article 95 provides for the performance of the Speaker’s duties when the office is vacant and for acting as Speaker when the Speaker is absent.
Article 96(1) specifically imports Article 95(2) for a sitting in which a resolution for the removal of the Speaker or Deputy Speaker is under consideration. The constitutional idea is that the concerned presiding officer must step aside, while another person performs the presiding function.
Relationship with Article 100
Article 100 contains the general rules concerning voting in Parliament.
Article 96(2), however, creates a special voting rule for the Speaker during proceedings concerning the Speaker’s removal. The Speaker may vote in the first instance but cannot exercise a casting vote where the votes are equally divided.
Therefore, Article 96 should be read together with Article 100 when determining the Speaker’s voting position.
Important Distinctions
Removal from office vs cessation of membership
Removal from the office of Speaker or Deputy Speaker is different from losing membership of the Lok Sabha.
Under Article 94(a), a person holding the office of Speaker or Deputy Speaker vacates that office if the person ceases to be a member of the House.
Article 96, on the other hand, concerns the procedure and presiding arrangements when a specific resolution for removal from the office of Speaker or Deputy Speaker is under consideration.
Vacancy vs inability to preside
Article 95(1) deals with a vacancy in the office of Speaker, whereas Article 95(2) deals with the absence of the Speaker from a particular sitting.
Article 96 does not necessarily create a vacancy in the office. Instead, it prevents the concerned Speaker or Deputy Speaker from presiding over sittings during which the relevant removal resolution is under consideration.
Presiding vs participating
The concerned officer’s inability to preside does not necessarily mean complete exclusion from the proceedings.
In the case of the Speaker, Article 96(2) expressly preserves the right to speak and otherwise participate, along with a limited voting right.
Common Confusions
Can the Speaker preside during proceedings for the Speaker’s own removal?
No.
Article 96(1) expressly prohibits the Speaker from presiding while a resolution for the Speaker’s removal from office is under consideration.
Can the Speaker participate in those proceedings?
Yes.
Article 96(2) expressly gives the Speaker the right to speak and otherwise take part in the proceedings.
Can the Speaker vote on the removal resolution?
Yes.
The Speaker may vote in the first instance on the removal resolution.
Can the Speaker use a casting vote if the votes are equally divided?
No.
Article 96(2) expressly excludes the Speaker’s right to vote in the case of an equality of votes.
Does Article 96 automatically remove the Speaker or Deputy Speaker?
No.
Article 96 only regulates the conduct of proceedings while a removal resolution is under consideration. The substantive power to remove the Speaker or Deputy Speaker is dealt with by Article 94(c).
Does the Deputy Speaker preside over a sitting where a resolution for the Deputy Speaker’s removal is being considered?
The Deputy Speaker cannot preside over such a sitting under Article 96(1). The constitutional mechanism under Article 95(2) is applied to the sitting.
Article at a Glance
| Point | Position |
|---|---|
| Article | Article 96 |
| Subject | Presiding restrictions during removal proceedings |
| House | House of the People (Lok Sabha) |
| Speaker | Cannot preside while resolution for own removal is under consideration |
| Deputy Speaker | Cannot preside while resolution for own removal is under consideration |
| Alternative presiding arrangement | Article 95(2) applies |
| Speaker’s participation | May speak and otherwise take part |
| Speaker’s voting right | May vote in the first instance |
| Speaker’s casting vote | Not available in case of equality of votes |
| Removal provision | Article 94(c) |
| Notice for removal resolution | At least 14 days |
| Majority for removal | Majority of all the then members of the House |
Quick Revision
- Article 96 deals with the Speaker or Deputy Speaker not presiding during proceedings concerning their own removal.
- The Speaker cannot preside when a resolution for the Speaker’s removal is under consideration.
- The Deputy Speaker cannot preside when a resolution for the Deputy Speaker’s removal is under consideration.
- The prohibition applies even when the concerned officer is present.
- Article 95(2) applies to provide the alternative presiding arrangement.
- The Speaker retains the right to speak and otherwise participate in proceedings concerning the Speaker’s removal.
- The Speaker may vote in the first instance during those proceedings.
- The Speaker cannot exercise a casting vote if there is an equality of votes.
- Article 94(c) provides for removal of the Speaker or Deputy Speaker.
- Removal requires a majority of all the then members of the House.
- At least 14 days’ notice is required before the removal resolution can be moved.
- Article 96 is a special constitutional rule that operates alongside the general voting provisions of Article 100.
Conclusion
Article 96 protects the fairness of proceedings concerning the removal of the Speaker or Deputy Speaker by preventing the officer whose position is under challenge from presiding over the relevant proceedings. At the same time, the Constitution does not completely exclude the Speaker from the process: the Speaker retains the right to participate and may vote in the first instance, but cannot exercise a casting vote in the event of an equality of votes. The provision therefore balances procedural neutrality with the concerned officer’s right to participate in proceedings affecting their office.
