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
(1) At any sitting of the Legislative Council, while any resolution for the removal of the Chairman 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 184 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 Legislative Council while any resolution for his removal from office is under consideration in the Council 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 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.