Paper: GS – II, Subject: Polity, Topic: Legislature, Issue: Removal of Lok Sabha Speaker.
Context:
Recently, no-confidence motion moved against Lok Sabha Speaker Om Birla by the Opposition.
- The Lok Sabha Speaker can be removed from office. The process is specific to the Lok Sabha and does not apply to the Rajya Sabha or the Council of States.
- According to Article 94(c) of the Indian Constitution, the Speaker or Deputy Speaker can be removed by a resolution passed by a majority of all the then members of the House. However, the rules governing this process are stringent.
Key Takeaways:
Removal of Speaker of Lok Sabha:
According to Article 94, a speaker or Deputy Speaker can vacate their office under the following conditions:
- Ceasing to be a member: As per Article 94(a), they cease to be a member of the House of the People.
- Resignation: According to Article 94(b), they may resign at any time by writing addressed to the appropriate authority.
- Removal by Resolution: Article 94(c) states they can be removed by a resolution passed by a majority of all the then members of the House.
Procedure for Removal of a Speaker or Deputy Speaker:
The procedure for initiating a no-confidence motion against the Speaker or Deputy Speaker involves several steps:
- Notice of Resolution: A member wishing to propose a resolution for removal must submit a written notice to the Secretary-General of the Lok Sabha. This notice can be submitted by two or more members jointly.
- Minimum Notice Period: A resolution for removal cannot be moved unless at least 14 days’ notice has been given.
- This motion of removal can be considered and discussed only when it has the support of at least 50 members.
- When a resolution for the removal of the Speaker of Lok Sabha is under consideration of the House, he/she cannot preside at the sitting of the House, though he/she may be present in the House.
- However, he/she can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes.
- Entry in List of Business: Once the notice is received, a motion for leave to move the resolution is entered in the List of Business on a day fixed by the Speaker.
Historical Context of No-Confidence Motions:
There have been three previous instances of no-confidence motions against Lok Sabha Speakers:
- Ganesh Vasudev Mavalankar (1954): The first Speaker faced a no-confidence motion but did not lose his position.
- Hukam Singh (1966): Faced a similar motion without losing his chair.
- Balram Jakhar (1987): Also faced a no-confidence motion but retained his position.
In all these cases, the motions did not result in the removal of the Speaker.
The motion against Speaker shows procedural complexity and political tensions. Though removal rules exist, past failures make success unlikely, highlighting evolving dynamics between government and Opposition in Lok Sabha.
Source: (The Indian Express, The Hindu)
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