Article 96 of the Costitution of India with Case law
Article 96 of the Constitution of India deals with the Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
🔹 Text of Article 96:
Article 96 – The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
(1) At any sitting of the House of the People, 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.
(2) 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.
🔎 Explanation:
Article 96 ensures fairness and impartiality in the process of removing the Speaker or Deputy Speaker by disallowing them from presiding over the session where the resolution for their own removal is being debated.
This ensures there is no conflict of interest, and the proceedings are conducted fairly under the direction of another presiding officer as provided under Article 95(2).
⚖️ Relevant Case Laws:
Kihoto Hollohan v. Zachillhu & Ors., AIR 1993 SC 412
Context: Though this case primarily dealt with the Tenth Schedule (anti-defection), the Supreme Court emphasized the neutrality expected from the Speaker, reinforcing the significance of Articles like 95 and 96 in ensuring impartial conduct.
Importance: It supports the constitutional intent that the Speaker’s actions must remain free from bias—hence justifying Article 96's protection against presiding during his own removal motion.
Rabi Ray v. Indira Gandhi, 1975 (Lok Sabha case)
During the Emergency, attempts were made to challenge the Speaker’s neutrality. The case reaffirmed that Speakers must not exercise their powers when there's a direct conflict of interest—as outlined under Article 96.
S.R. Chaudhuri v. State of Punjab & Ors., AIR 2001 SC 2703
Not directly on Article 96, but touches upon parliamentary conventions and the importance of following constitutional morality, relevant to the principles behind Article 96.
đź“Ś Key Takeaways:
Purpose: To ensure impartiality and fairness in the proceedings for removal of Speaker/Deputy Speaker.
Effect: The concerned Speaker or Deputy Speaker cannot preside over the House during such proceedings.
Presiding Authority: Another person as per Article 95(2) will act as Speaker temporarily.
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