Introduction

Article 185 of the Indian Constitution deals with the removal of the Chairman or the Deputy Chairman of the Rajya Sabha (the Upper House of Parliament) from office. This article ensures that the Chairman or the Deputy Chairman does not preside over the proceedings while a resolution for their removal is being considered. In this article, we will explore the provisions of Article 185 and its significance in maintaining the integrity and impartiality of the Rajya Sabha.

Article 185: The Text

Article 185 states:

"The Chairman or the Deputy Chairman shall not preside while a resolution for his removal from office is under consideration."

Understanding Article 185

Article 185 is a safeguard in the Indian Constitution that ensures the fair and unbiased consideration of a resolution for the removal of the Chairman or the Deputy Chairman. This provision recognizes the need for an impartial presiding officer during such proceedings.

When a resolution for the removal of the Chairman or the Deputy Chairman is under consideration, it is crucial to maintain the integrity of the proceedings. Allowing the Chairman or the Deputy Chairman to preside over the discussions and decision-making during this time could compromise the fairness of the process. Hence, Article 185 ensures that an alternative arrangement is made for presiding over the proceedings.

Significance of Article 185

Article 185 plays a vital role in upholding the principles of democracy, transparency, and accountability in the functioning of the Rajya Sabha. It prevents any conflict of interest that may arise if the Chairman or the Deputy Chairman continues to preside while their removal is being considered.

By excluding the Chairman or the Deputy Chairman from presiding over the proceedings during this critical time, Article 185 ensures a level playing field for all members of the Rajya Sabha. It allows for an unbiased assessment of the allegations or charges against the Chairman or the Deputy Chairman and enables a fair decision to be reached.

Furthermore, Article 185 also protects the reputation and dignity of the Rajya Sabha. It ensures that the proceedings for the removal of the Chairman or the Deputy Chairman are conducted in a manner that maintains the sanctity of the institution. This provision helps to safeguard the integrity of the Rajya Sabha and reinforces public trust in its functioning.

Procedure for Removal

The process for the removal of the Chairman or the Deputy Chairman of the Rajya Sabha is outlined in the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha). According to Rule 154, a notice of a resolution for the removal of the Chairman or the Deputy Chairman must be given by at least 14 days' written notice.

The resolution must be supported by a majority of the total membership of the Rajya Sabha and a majority of not less than two-thirds of the members present and voting. Once the resolution is passed, it is then sent to the President of India for approval.

Conclusion

Article 185 of the Indian Constitution ensures that the Chairman or the Deputy Chairman of the Rajya Sabha does not preside over the proceedings while a resolution for their removal is being considered. This provision is crucial in maintaining the fairness, impartiality, and integrity of the Rajya Sabha. By excluding the Chairman or the Deputy Chairman from presiding during this time, Article 185 upholds the principles of democracy, transparency, and accountability. It also protects the reputation and dignity of the Rajya Sabha, reinforcing public trust in its functioning. The procedure for removal, as outlined in the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha), ensures that the process is conducted in a systematic and democratic manner. Article 185 stands as a testament to India's commitment to upholding the highest standards of governance and ensuring the smooth functioning of its parliamentary institutions.