(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.

Debate Summary

Article 75-A, Draft Constitution 1948

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 the last preceding article 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.

 

Draft Article 75-A was debated on 19 May 1949. It was not a part of the initial Draft Constitution, 1948. The Drafting Committee introduced it as an amendment. It barred the Chairman and Deputy Chairman of the Council of State from presiding sittings dealing with any resolution seeking their removal.

 

A member believed that the Draft Article failed to address a lacuna: while it prohibited the Chairman and Deputy Chairman from presiding a sitting that dealt with their removal, it did not provide for an alternative member to chair such sittings.

 

The Chairman of the Drafting Committee justified the Draft Article. If the Chairman of the Council of States was facing removal charges then the Deputy Chairman would preside and vice versa. If Chairman or Deputy Chairman were absent or unavailable then the rules of procedure of the Council would apply and a member would be chosen to preside.

 

The Constituent Assembly adopted the Draft Article, without any amendments, on 19th May 1949.