The Constitution of India
Article 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.
Why this exists
This Article applies a basic principle of natural justice: no one should judge or control proceedings about their own removal from office. The Vice-President of India is also the ex-officio Chairman of the Rajya Sabha, so without this rule he could technically preside over the very debate seeking his own ouster, controlling the agenda, speaking order, and procedure. Article 92 removes that conflict of interest while still letting him defend himself by speaking, but not by voting or influencing the outcome through the chair.
Common misconceptions
- Myth: The Vice-President has no say at all in his own removal debate.
Fact: Clause (2) specifically allows him to speak and participate in the discussion, just not to vote or preside. - Myth: The Deputy Chairman can never preside during any Rajya Sabha sitting on this topic.
Fact: The bar applies only when a resolution for the Deputy Chairman's own removal is under consideration; otherwise he can preside normally, including during the Vice-President's removal debate if he is not himself being removed.