Introduction

Article 92 of the Indian Constitution deals with the provisions regarding the removal of the Chairman or the Deputy Chairman of the Rajya Sabha, the upper house of the Parliament of India. This article ensures that the person against whom a resolution for removal from office is under consideration does not preside over the proceedings during that time. This provision is essential to maintain the integrity and impartiality of the proceedings and to ensure a fair and transparent process.

Understanding Article 92

Article 92 states that when a resolution for the removal of the Chairman or the Deputy Chairman of the Rajya Sabha is under consideration, the Chairman or the Deputy Chairman shall not preside over the proceedings. Instead, the Rajya Sabha shall elect another member to act as the Chairman or the Deputy Chairman, as the case may be, during the period of consideration of the resolution.

This provision is crucial to avoid any potential conflict of interest and to maintain the independence of the proceedings. It ensures that the person against whom the resolution is being discussed does not have the power to influence or control the proceedings in their favor.

Reasons for the Provision

The provision in Article 92 serves several important purposes:

1. Impartiality: By not allowing the Chairman or the Deputy Chairman to preside over the proceedings while a resolution for their removal is under consideration, the Constitution ensures that the proceedings are conducted in an impartial manner. This prevents any undue influence or bias that may arise if the person facing the resolution is allowed to control the proceedings.
2. Transparency: The provision promotes transparency in the process of removal. It allows for a fair and open discussion on the resolution without any interference or manipulation by the person who is the subject of the resolution. This ensures that the decision-making process is transparent and accountable.
3. Checks and Balances: Article 92 acts as a check on the powers of the Chairman or the Deputy Chairman. It prevents them from using their position to manipulate the proceedings in their favor. This provision reinforces the principle of separation of powers and ensures that no one individual becomes too powerful or immune from accountability.
4. Preservation of Decorum: The provision helps in maintaining the decorum and dignity of the proceedings. It prevents any potential conflicts or disruptions that may arise if the person facing the resolution continues to preside over the proceedings. This ensures that the discussions are conducted in a respectful and orderly manner.

Procedure for Removal

The procedure for the removal of the Chairman or the Deputy Chairman of the Rajya Sabha is outlined in Article 67 of the Indian Constitution. According to this article, a resolution for removal can be moved by giving at least 14 days' notice in writing, signed by not less than one-fourth of the total number of members of the Rajya Sabha.

Once the resolution is moved, it is placed before the Rajya Sabha for consideration. During this period, as per Article 92, the Chairman or the Deputy Chairman does not preside over the proceedings. Instead, another member is elected to act as the Chairman or the Deputy Chairman, ensuring a fair and unbiased process.

The resolution for removal is then discussed and debated by the members of the Rajya Sabha. A vote is taken, and if the resolution is passed by a majority of the total membership of the Rajya Sabha and by a majority of not less than two-thirds of the members present and voting, the Chairman or the Deputy Chairman is removed from office.

It is important to note that the person against whom the resolution is passed ceases to hold office from the date on which the resolution is passed.

Conclusion

Article 92 of the Indian Constitution plays a significant role in ensuring a fair and transparent process for the removal of the Chairman or the Deputy Chairman of the Rajya Sabha. By preventing the person facing the resolution from presiding over the proceedings, this provision upholds the principles of impartiality, transparency, checks and balances, and the preservation of decorum.

The inclusion of this provision in the Constitution reflects the framers' intent to establish a robust system of governance that is accountable, democratic, and free from any undue influence or bias. It serves as a safeguard against the abuse of power and reinforces the principles of separation of powers and the rule of law.

Overall, Article 92 contributes to the strength and integrity of the Indian parliamentary system, ensuring that the process of removal of the Chairman or the Deputy Chairman is fair, just, and in accordance with the principles of democracy.