Editorials       Cover Story   Letters
 Subscribe Now  Contact Us
Search  
 
Book Reviews
Case Study
Constitution of India
Cover Story
Crime File
Cyber Space
Good Living
Harvard Law School
Health & Fitness
Permanent Imprint Leading
   Cases
Know Your Judge
The Law and The Celebrity
Legal Articles
Legal Events
Law for Other Species
Law School Confidential
Legal Scanner
Legal Trotternama
Media Scan
Potpourri
Reasoning The Reasons
Street Lawyer
Study Abroad
Supreme Court Cases
Thinkers & Theory
Top Law Schools
Universal Law of Success
--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
CONSTITUTION OF INDIA
The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next article in the series on constitutional provisions in order to aid our readers in understanding them.

 

92. "The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration.- (1) At any sitting of the Council of States, while any resolution for the removal of the Vice-President 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."

This Article deals with provision of resolution for removal of Chairman of Council of States or Rajya Sabha or its Deputy Chairman pendente lite. It clarifies that when a resolution for removal of Vice-President is moved in any sitting of the Rajya Sabha and consideration of such removal has not yet been decided or is pending, then, he shall not preside over the House and the provisions of clause (2) of Article 91 of Constitution shall apply in relation to every such sitting as they apply in relation to a sitting from which the Chairman is absent. This is provided under clause (1) of Article 92 and the same provision is applied to the Deputy Chairman under the same clause. It states that at any sitting of the Rajya Sabha 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 over the House 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 Deputy Chairman is absent. Thus clause (1) of Article 92 provides for removal of Chairman and Deputy Chairman of the Rajya Sabha.

Clause (2) provides that the Chairman i.e. the Vice-President shall have the right to speak in and take part in the proceedings of the Rajya Sabha while any resolution for the removal of him from his office is under consideration in the Rajya Sabha but he shall not be entitled to vote at all on such resolution or on any other matter during such proceeding.

Both the clauses of this Article state that while the resolution of removal of the Vice-President who is the Chairman of the Rajya Sabha as well as the Deputy Chairman of the Rajya Sabha, is pending they have no right to vote in any matter thereto but have a right to speak in any proceedings and can also take part in the proceedings of the Rajya Sabha.

As the Chairman and the Deputy Chairman hold high posts in the hierarchy of the Rajya Sabha, the Constitution makers did not debar their position from the office of the Rajya Sabha and have given them some immunities and privileges during pendency of their removal or when a resolution for their removal is pending in the Rajya Sabha i.e. the Council of States in the Parliament of India.

 
 
LAWYERS UPDATE
(Print Version)
Rs. 600/- per year
(Registered Post & Courier)
     
 

New Releases by UNIVERSAL's

     To avail discounts and for more details write to us at marketing.in@lexisnexis.com

Home     :      About Us     :      Subscribe     :      Advertise With Us    :       Privacy     :      Copyright     :      Feedback     :      Contact Us

Copyright © Universal Book Traders. All material on this site is subject to copyright. All rights reserved.
No part of this material may be reproduced, transmitted, framed or stored in a retrieval system for public or private
use without the written permission of the publisher. This site is developed and maintained by Universal Legal Infosolutions.
Powered by: Universal Book Traders