PARLIAMENTCentral

Article 92 of The Constitution of India in hindi

(1)At any sitting of the Council of States, while any resolution for the removal of the VicePresident 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.

Summary

This provision prevents the Chairman or Deputy Chairman of the Council of States from leading a meeting when their own removal from office is being debated.
Even if they are physically present in the room, they cannot act as the presiding officer during these specific discussions.
Another person takes charge of the meeting based on the standard rules for absences.
The Chairman can still speak and participate in the proceedings while their removal is being considered.
However, the Chairman completely loses the right to vote on the removal resolution or any other matter discussed during those specific meetings.

Practical examples

1A resolution to remove Vice-President Sharma, who acts as Chairman, from his role is introduced in the Council of States on October 12, 2026. During the debate on October 15, Sharma attends the meeting but sits as a regular member rather than leading the session from the front.

2Deputy Chairman Gupta faces a removal vote. While the Council discusses her removal, she speaks to defend her record but the rules state she cannot preside over the debate itself.

FAQ

1. Can the Chairman lead the meeting while their removal is debated under Section 92 of The Constitution of India?

No, Section 92 of The Constitution of India strictly forbids the Chairman from presiding over the meeting when a resolution for their own removal is under consideration.

2. Does Section 92 of the Indian Constitution allow the Chairman to speak during their removal process?

Yes, Section 92 of the Indian Constitution gives the Chairman the right to speak and participate in the proceedings of the Council of States during these discussions.

3. Is the Chairman allowed to vote on their own removal under Section 92 of the Constitution?

No, Section 92 of the Constitution states the Chairman cannot vote at all on the removal resolution or any other matter during those specific proceedings.

Test yourself

Q1.Under Section 92 of The Constitution of India, what role can the Chairman play while a resolution for their removal is being considered by the Council of States?

Q2.Under Section 92 of The Constitution of India, who is restricted from presiding when their own removal is under consideration?

Q3.Under Section 92 of the Indian Constitution, on which matters can the Chairman vote while their removal is being considered?

Q4.Under Section 92 of The Constitution of India, what happens if the Deputy Chairman is facing a removal resolution?

Q5.Under Section 92 of The Constitution of India, who presides if the Chairman's removal is being debated?

91PreviousArticle 91 Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman.93NextArticle 93 The Speaker and Deputy Speaker of the House of the People.

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