No-Confidence Motion Against LS Speaker: Parliament resumed proceedings today after a break in the ongoing Budget Session. Formal discussion will begin on the motion to remove Lok Sabha Speaker Om Birla, moved by the Congress party.
Today’s major agenda is a no-confidence motion against Speaker Om Birla, supported by 118 MPs from the India bloc. The opposition has accused Birla of “blatant partisanship,” saying he has suppressed their voices and sided with the ruling Bharatiya Janata Party (BJP). The matter is now on the floor of the House for discussion. Let’s explore the process by which a Speaker can be removed from office.
Removal or Removal Process – Read the Procedure
Constitutional Provisions: Article 94 of the Constitution specifies the circumstances under which the Speaker or Deputy Speaker of the Lok Sabha resigns.
- Under Article 94(a), they automatically cease to hold office if they cease to be members of Lok Sabha.
- Article 94(b) allows them to resign at any time by submitting a written resignation.
- Under Article 94(c), they can be removed by a resolution passed by a majority of all the then-current members of the House.
This provision applies only to the Lok Sabha, not Rajya Sabha
Lok Sabha Speaker: Can Speaker of the Lok Sabha be removed, and how?
The Indian Constitution provides for the removal of the Speaker of the Lok Sabha (Chairman). This is not technically called ‘impeachment.’ The Constitution mentions the removal of the Speaker based on the third point mentioned above in Article 94(c).
What is the procedure for removing Speaker of Lok Sabha?
14-day notice: Written notice is required to remove the Speaker, at least 14 days before the process begins. Furthermore, any such motion requires the support of at least 50 MPs. 118 MPs signed the no-confidence motion proposed by the Congress.
Presiding Over the House
It should be noted that when a motion to remove the Speaker is being discussed or debated in the House, the Speaker cannot preside over the House. During this time, the Deputy Speaker or another member appointed by the President presides over the proceedings.
Removing the Speaker requires a majority of all the members of the House at that time. This differs from a typical no-confidence motion, as it requires a majority of the members present and voting. It requires the presence and voting of all members.
No-Confidence Motion Against LS Speaker: Majority Required
To illustrate this, if the total number of members in the House is 543, at least 272 votes are required to remove the Speaker, regardless of how many members are absent or abstain from voting.
If 272 members vote against the Speaker and the motion is passed by a majority in the Lok Sabha, the Speaker must resign with immediate effect. The House must then initiate the process of electing a new Speaker. Since the Lok Sabha Speaker is primarily elected by the party in power, if the required votes are obtained to remove the Speaker, it is considered a no-confidence motion against the government.
This means that the ruling party has lost its majority in the Lok Sabha and lacks the support of the 272 members required to remain in power. In such a situation, the opposition can also move a no-confidence motion against the government at any time.
No Confidence Motion: Look at historical cases brought to remove Lok Sabha Speaker:-
No-confidence motions have been introduced against the Speaker only three times:
- 1954: Against G.V. Mavalankar (the first Speaker).
- 1966: Against Hukam Singh.
- 1987: Against Balram Jakhar.
Results: All three motions failed, and no Speaker has been removed from office through this process to date.
It is believed that removing the current Speaker will also be difficult for the opposition. It is extremely rare for the ruling party to remove a Speaker chosen by the ruling party. It is worth noting that the opposition is already in a minority, and therefore, due to its limited number of members, it cannot remove the Speaker. This appears to be quite difficult in the current case. Of course, it is possible to register its protest through this motion.
