The Constitution of India
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, and 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.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, 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
The framers wanted to prevent an obvious conflict of interest: a Speaker (or Deputy Speaker) should not control the debate on his own removal, since he could misuse the chair's procedural powers to protect himself. At the same time, since he is an elected member of the House and the office is not vacant until removal is actually carried, he retains his basic rights as an MP — to speak, argue his case, and cast an ordinary vote — but is stripped of the special tie-breaking casting vote that comes with presiding.
Common misconceptions
- Myth: The Speaker loses all voting rights once a removal motion is moved against him.
Fact: He can still vote in the first round on the resolution or other matters during those proceedings; he only loses the special casting vote used to break ties. - Myth: The Speaker must leave the House entirely during the debate on his removal.
Fact: He may remain present, speak, and participate — he just cannot preside over that particular sitting.