The Constitution of India
Article 181
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 Legislative Assembly, 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 180 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 Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in article 189, 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.
Why this exists
This Article ensures fairness and neutrality: a Speaker or Deputy Speaker should not judge or control proceedings about their own removal, since that would be a conflict of interest. At the same time, since they are still elected members of the Assembly, they retain their basic democratic rights to speak and vote on the matter, except the special casting vote power reserved for a presiding officer during a tie.
Common misconceptions
- Myth: The Speaker loses all rights once a removal resolution is filed.
Fact: The Speaker only loses the right to preside over that particular sitting; they can still speak and vote in the first round on the resolution. - Myth: The Speaker can break a tie vote on their own removal, just like in other matters.
Fact: Article 181(2) specifically denies the Speaker the usual tie-breaking vote when the resolution concerns their own removal.