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Article 96 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 96 - The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

Part of the Constitutional Article

Part V

The Constitution of India provides a comprehensive structure for the governance of the nation. It outlines the structure and functioning of governments. Article 96 of Indian Constitution deals with the Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. The following is the legal interpretation of Article 96.

Interpretation of Article 96 of Indian Constitution

Article 96 of the Constitution states - “1) At any sitting of the House of the People (Lok Sabha) while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside, and the provisions of clause (2) of Article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent. 2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in Article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.”

According to Article 96 of Indian Constitution the Speaker or Deputy Speaker are not permitted to preside over the proceedings if a resolution for their removal is under consideration. In the absence of Speaker or Deputy Speaker the provision for the appointment of other individuals under Article 95 of Indian Constitution will be applied. Article 96(2) outlines that the Speaker or Deputy Speaker retains the right to participate in the proceedings, speak during the debate on the removal resolution and present their defence. The voting rights of the Speaker or Deputy Speaker are limited to casting a vote in the first instance and are not allowed to vote in the event of a tie. The provisions of Article 96 are structured to uphold the principles of neutrality and fairness.

Conclusion

Article 96 of Indian Constitution is important in preserving the independence and impartiality of the Speaker and Deputy Speaker of the Lok Sabha. It forbids them from presiding over proceedings when a resolution for their removal is under consideration to ensure fairness and transparency in the process. The provision strengthens the democratic principles by allowing elected representatives to decide on the removal without any undue influence or bias.

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FAQs about Article 96 of Indian Constitution

Article 96 deals with the Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.

Article 96 ensures fairness and neutrality in the removal process of the Speaker or Deputy Speaker.

Yes, the Speaker or Deputy Speaker can participate in the proceedings.

Article 96 is mentioned under Part V of the Constitution of India.
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