Opposition notice seeking removal of Om Birla as Lok Sabha Speaker
Context
Opposition parties of the INDIA bloc submitted a notice seeking removal of Om Birla as Speaker of the Lok Sabha.
The notice was submitted to the Lok Sabha Secretary-General.
Around 120 MPs signed the notice.
The Indian National Congress, Samajwadi Party, DMK and others supported it.
The Trinamool Congress did not sign.
What are the allegations?
The Opposition alleges that the Speaker:
Conducted proceedings in a “blatantly partisan” manner
Did not allow Leader of Opposition Rahul Gandhi to complete his speech on the Motion of Thanks
Allowed objectionable remarks by a ruling party MP without reprimand
Arbitrarily suspended eight Opposition MPs for the Budget session
Made “false allegations” from the Chair regarding possible disorder
They claim this violates:
Parliamentary conventions
Opposition’s democratic right to speak
Constitutional provisions involved
Removal of Speaker / Deputy Speaker of Lok Sabha
1. Constitutional basis – Article 94
Under Constitution of India, Article 94 provides that the Speaker or Deputy Speaker shall vacate office:
94(a) – If they cease to be a member of Lok Sabha
94(b) – By resignation (written resignation addressed appropriately)
94(c) – By removal through a resolution passed by a majority of all the then members of the House
Important:
The majority required under Article 94(c) is majority of all the then members (i.e., effective majority), not merely members present and voting.
2. Procedure for removal (Rules 200–203 of Lok Sabha Rules)
The process is governed by:
Rules of Procedure and Conduct of Business in Lok Sabha
Specifically Rules 200–203
Step 1: Notice
A member must submit a written notice to the Secretary-General of Lok Sabha.
At least two members must support the notice.
A minimum 14 days’ notice must be given.
Step 2: Listing of motion
After receipt of notice, a motion for leave to move the resolution is entered in the List of Business.
The day fixed must be after 14 days from receipt of notice.
Step 3: Seeking leave of the House
On the appointed day:
Members supporting the motion must rise.
If not less than 50 members rise → leave is granted.
If fewer than 50 members rise → motion fails at this stage.
This “50 members rising” is a procedural threshold.
Step 4: Discussion
If leave is granted:
Resolution must be taken up within 10 days.
Discussion is confined strictly to the charges mentioned.
Charges must be:
Specific
Clearly expressed
Free from defamatory or argumentative language (Rule 200A)
Member moving the motion may speak (max 15 minutes).
Step 5: Voting
Resolution is put to vote.
Requires majority of all the then members of the House (effective majority).
3. Role of Speaker during removal proceedings
Under Article 96:
Speaker:
Can participate in proceedings
Can speak in defence
Can vote in the first instance
Cannot preside
Has no casting vote in case of tie
Deputy Speaker presides during discussion.
4. Continuity after dissolution
Even if Lok Sabha is dissolved:
The Speaker continues in office
Until immediately before the first meeting of the new Lok Sabha
This ensures constitutional continuity.
5. Past instances of no-confidence motions
Removal motions have been attempted three times:
1954 – Against Ganesh Vasudev Mavalankar
1966 – Against Hukam Singh
1987 – Against Balram Jakhar
None were successful.
Role and importance of the Speaker
The Speaker:
Presides over Lok Sabha proceedings
Maintains order and discipline
Decides on:
Suspension of members
Admission of motions
Interpretation of rules
Acts as:
Guardian of parliamentary procedure
Symbol of House neutrality
Although elected from a political party, once elected, the Speaker is expected to act impartially.
Prelims Practice MCQs
Q. With reference to the removal of the Speaker of the Lok Sabha, consider the following statements:
The Speaker can be removed by a resolution passed by a simple majority of members present and voting.
A minimum notice period of 14 days is required before such a resolution can be taken up.
The Speaker cannot participate in the proceedings when the resolution for removal is under consideration.
Which of the statements given above are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Correct answer: A
Explanation:
Statement 1 is correct — removal requires a simple majority under Article 94(c).
Statement 2 is correct — a 14-day notice is mandatory.
Statement 3 is incorrect — under Article 96, the Speaker can participate and speak, but cannot preside.
Q. Which of the following Articles of the Constitution deals specifically with the removal of the Speaker of the Lok Sabha?
A. Article 93
B. Article 94
C. Article 96
D. Article 85
Correct answer: B
Explanation:
Article 94(c) provides for removal of the Speaker or Deputy Speaker by resolution of the House.