Statement

Sir, my point of order satisfies Rule 376 sub- Sections (1) and (2). What is that? Sir, Rule 200A clearly says that before a Motion can be listed, a determination has to be made. The Resolution has to be specific with respect to charges clearly expressed and free of imputations or defamatory statements. Now, who has made this determination? Article 96 clearly says that the Speaker cannot preside over here. My question to the House is this. Who has made the determination? It is because the Supreme Court in Nabam Rebia case has clearly said that the Speaker against whom a notice of removal has been given, cannot exercise adjudicatory powers in proceedings connected with the removal. So, who has made this determination? The House should know. Secondly, come to Article 96(1). It governs what happens when a removal Motion of a Speaker is under consideration. The Speaker cannot preside. What does 96(1) say? It says that 95(2) shall apply to every such sitting. What is 95(2)? It lays down the hierarchy as laid down by Dr. Babasaheb Ambedkar. First, the Deputy Speaker - but you do not have a Deputy Speaker. If the Deputy Speaker is also absent, then such a person is determined by the Rules of Procedure of the House. Third, if no such person is present, then such other person is determined by the House. 10.03.2026 1238 Sir, you are sitting over there. I also challenge it because you have read the ‘Nabam Rebia case (2016) - a Constitution Bench case’. Once a notice of removal has been given against the Speaker, the Speaker cannot exercise adjudicatory or discretionary powers that have a bearing on those proceedings. The Speaker has a direct personal interest in the outcome, and that interest disqualifies him from acts that shape these proceedings. Take the judgment of ‘Kihoto Hollohan v. Zachillhu’. The hon. Supreme Court reinforced that constitutional functionaries must observe natural justice. You have been appointed by the Speaker. So, I am of the opinion that you cannot sit over there and take up these proceedings. The assent of the House should be taken. You have the majority. You are quoting Article 95 and Article 96, and also Rule 10. But Rule 10 cannot overtake an Article of the Constitution. That is why, this Government has created a constitutional mess.

Spoke Asaduddin Owaisi

Spoke on 2026-03-10T00:00:00.000Z

In debate Ruling regarding Notices of Adjournment Motion