सं Samvidhan

The Constitution of India

Article 185

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

Why this exists

This provision embodies a basic principle of natural justice: no one should judge or control proceedings that decide their own fate. If the Chairman or Deputy Chairman stayed in the chair while the House debated removing them, they could control debate time, choose who speaks, and influence the outcome unfairly. The framers borrowed this safeguard from British parliamentary practice and applied it symmetrically to the Speaker/Deputy Speaker of the Assembly (Article 181) and the Chairman/Deputy Chairman of the Council (Article 185), ensuring removal debates are conducted fairly by a neutral presiding member.

Common misconceptions
  • Myth: The Chairman must leave the House entirely during the removal debate.
    Fact: The Chairman only has to step down from presiding; they can remain present, speak, and even vote in the debate.
  • Myth: The Chairman loses all voting rights during their removal debate.
    Fact: They retain the right to vote once on the resolution, but they lose the special casting vote used to break ties, which a presiding officer normally has under Article 189.