Officers of Parliament
Article
89 The Chairman and Deputy Chairman of the Council of States
(1)
The Vice-President of India shall be ex-officio Chairman of the
Council of States.
(2) The Council of States shall, as soon as
may be, choose a member of the Council to be Deputy Chairman thereof
and, so often as the office of Deputy Chairman becomes vacant, the
Council shall choose another member to be Deputy Chairman thereof.
Article
90 Vacation and resignation of, and removal from, the office of
Deputy Chairman
A member holding office as Deputy Chairman
of the Council of States -
(a) shall vacate his office if he
ceases to be a member of the Council;
(b) may at any time, by
writing under his hand addressed to the Chairman, resign his office;
and
(c) may be removed from his office by a resolution of the
Council passed by a majority of all the then members of the
Council:
Provided that no resolution for the purpose of clause
(c) shall be moved unless at least fourteen days' notice has been
given of the intention to move the resolution.
Article
91 Power of the Deputy Chairman or other person to perform the duties
of the office of, or to act as, Chairman
(1) While the
Office of Chairman is vacant, or during any period when the
Vice-President is acting as, or discharging the functions of,
President, the duties of the office shall be performed by the Deputy
Chairman, or, if the office of Deputy Chairman is also vacant, by
such member of the Council of States as the President may appoint for
the purpose.
(2) During the absence of the Chairman from any
sitting of the Council of States the Deputy Chairman, or, if he is
also absent, such person as may be determined by the rules of
procedure of the Council, or, if no such person is present, such
other person as may be determined by the Council, shall act as
Chairman.
Article
92 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 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.
Article
93 The Speaker and Deputy Speaker of the House of the People
The
House of the People shall, as soon as may be, choose two members of
the House to be respectively Speaker and Deputy Speaker thereof and,
so often as the office of Speaker or Deputy Speaker becomes vacant,
the House shall choose another member to be Speaker or Deputy
Speaker, as the case may be.
Article
94 Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker
A member holding office as
Speaker or Deputy Speaker of the House of the People -
(a) shall
vacate his office if he ceases to be a member of the House of the
People;
(b) may at any time, by writing under his hand
addressed, if such member is the Speaker, to the Deputy Speaker, and
if such member is the Deputy Speaker, to the Speaker, resign his
office; and
(c) may be removed from his office by a resolution
of the House of the People passed by a majority of all the then
members of the House:
Provided that no resolution for the
purpose of clause (c) shall be moved unless at least fourteen days'
notice has been of the intention to move the resolution:
Provided
further that, whenever the House of the People is dissolved, the
Speaker shall not vacate his office until immediately before the
first meeting of the House of the People after the dissolution.
Article
95 Power of the Deputy Speaker or other person to perform the duties
of the office of, or to act as Speaker
(1) While the
office of Speaker is vacant, the duties of the office shall be
performed by the Deputy Speaker or, if the office of Deputy Speaker
is also vacant, by such member of the House of the People as the
President may appoint for the purpose.
(2) During the absence of
the Speaker from any sitting of the House of the People the Deputy
Speaker or, if he is also absent, such person as may be determined by
the rules of procedure of the House, or, if no such person is
present, such other person as may be determined by the House, shall
act as Speaker.
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.
Article
97 Salaries and allowances of the Chairman and Deputy Chairman and
the Speaker and Deputy Speaker
There shall be paid to the
Chairman and the Deputy Chairman of the Council of States, and to the
Speaker and the Deputy Speaker of the House of the People, such
salaries and allowances as may be respectively fixed by Parliament by
law and, until provision in that behalf is so make, such salaries and
allowances as are specified in the Second Schedule.
Article
98 Secretariat of Parliament
(1) Each House of
Parliament shall have a separate secretarial staff:
Provided
that nothing in this clause shall be construed as preventing the
creation of posts common to both Houses of Parliament.
(2)
Parliament may by law regulate the recruitment and the conditions of
service of persons appointed, to the secretarial staff of either
House of Parliament.
(3) Until provision is made by Parliament
under clause (2), the President may, after consultation with the
Speaker of the House of the People or the Chairman of the Council of
States, as the case may be, make rules regulating the recruitment,
and the conditions of service of persons appointed, to the
secretarial staff of the House of the People or the Council of
States, and any rules so made shall have effect subject to the
provisions of any law made under the said clause.
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