No-Confidence Motion Against the Lok Sabha Speaker

Source: IE

Subject: Polity

Context: The Opposition has moved a no-confidence motion against Lok Sabha Speaker Om Birla, triggering a constitutional procedure for examining the removal of the Speaker.

About No-Confidence Motion Against the Lok Sabha Speaker:

What is It?

• A no-confidence motion against the Speaker is a resolution seeking removal of the Speaker or Deputy Speaker of the Lok Sabha before the expiry of their term. It applies only to the Lok Sabha and not to the Rajya Sabha.

• The constitutional basis for removal is provided under Article 94(c) of the Constitution of India, which states that the Speaker or Deputy Speaker may be removed by a resolution of the House passed by a majority of all the then members.

Constitutional Provisions Involved:

• Article 94 – Vacation, Resignation and Removal

• A Speaker/Deputy Speaker shall vacate office if: They cease to be a Member of the House They resign in writing to the Deputy Speaker/Speaker They are removed by a resolution passed by a majority of all the then members

• They cease to be a Member of the House

• They resign in writing to the Deputy Speaker/Speaker

• They are removed by a resolution passed by a majority of all the then members

• The procedure is further governed by Rules 200–203 of the Rules of Procedure and Conduct of Business in Lok Sabha.

Procedure for Removal of the Speaker:

• Notice of Resolution:

• A written notice must be submitted to the Secretary-General of Lok Sabha. At least 14 days’ notice is mandatory before the motion can be taken up.

• A written notice must be submitted to the Secretary-General of Lok Sabha.

• At least 14 days’ notice is mandatory before the motion can be taken up.

• Inclusion in List of Business: After notice, the motion for leave to move the resolution is listed for a day fixed after 14 days.

• Support Requirement:

• When the motion is taken up, at least 50 Members must rise in support. If fewer than 50 rise, the motion lapses.

• When the motion is taken up, at least 50 Members must rise in support.

• If fewer than 50 rise, the motion lapses.

• Discussion:

• If admitted, the resolution must be discussed within 10 days. Debate is strictly confined to the charges specified in the motion.

• If admitted, the resolution must be discussed within 10 days.

• Debate is strictly confined to the charges specified in the motion.

• Voting Requirement: Removal requires a majority of all the then members of the House (effective majority).

Role of the Speaker During the Motion:

• The Speaker can participate in proceedings and speak in defence.

• They can vote in the first instance but cannot exercise a casting vote in case of a tie.

• Even after dissolution of Lok Sabha, the Speaker continues in office until the first sitting of the new House.

Has This Happened Before?

• Yes, motions were moved against:

• G.V. Mavalankar (1954) Hukam Singh (1966) Balram Jakhar (1987)

• G.V. Mavalankar (1954)

• Hukam Singh (1966)

• Balram Jakhar (1987)

• None of these resulted in removal.

Implications:

• Constitutional Accountability: Ensures that the presiding officer remains answerable to the House.

• Political Sensitivity: Reflects heightened tensions between ruling and opposition benches.

• Institutional Stability: Frequent or politically motivated motions may impact parliamentary decorum.