ABP Live Deep Dive | Can Lok Sabha Speaker Om Birla Be Removed? What Congress' No-Confidence Motion Means
Can Lok Sabha Speaker Om Birla be removed? Following the Congress-led Opposition's no-confidence motion notice signed by 103 MPs, we break down the constitutional rules under Article 94.
On February 10, 2opposition parties aligned under the INDIA bloc moved to submit a notice seeking a no-confidence resolution against the Speaker of the Lok Sabha, Om Birla. The action follows allegations of partisan conduct during the Budget Session, including claims that Leader of the Opposition Rahul Gandhi was not allowed to speak and that several opposition MPs were suspended from the House.
With over 100 Members of Parliament backing the notice, the development sets in motion a rare constitutional route that directly concerns the office of the Speaker rather than the government of the day.
The 14-Day Clock & What It Means For The Speaker
Under parliamentary rules, such a resolution cannot be taken up immediately. A mandatory 14-day notice period must elapse before the motion can be listed for discussion in the Lok Sabha.
During this period, Om Birla continues to function as Speaker and presides over the House as usual. The notice by itself does not curtail his authority or responsibilities. The formal process begins only when the motion is admitted for discussion after the notice period.
What Happens On The Day The Motion Is Taken Up
When the resolution is scheduled for debate, Om Birla cannot preside over the proceedings. The Chair is then taken over by the Deputy Speaker or another member designated to conduct the business of the House for that sitting.
Despite stepping aside from the Chair, Birla retains significant rights during the discussion. He can remain present in the House, participate in the debate, defend his conduct, and vote in the first instance as a Member of Parliament. However, he is not entitled to a casting vote in case of a tie during this specific proceeding.
High Voting Bar That Determines Outcome
For the motion to pass, it must secure what is known as an effective majority. This means a majority of the total current strength of the Lok Sabha, not merely a majority of members present and voting. In a House of 543, this requires at least 272 votes in favour of the resolution.
If the resolution is adopted, Article 94(c) of the Constitution comes into effect immediately. Om Birla would cease to be Speaker at once, and the Lok Sabha would be required to elect a new Speaker without delay to ensure continuity of proceedings.
No Impact On Government, But A Rare Institutional Moment
Importantly, this process has no bearing on the stability of the Union government. A motion against the Speaker is distinct from a no-confidence motion against the Council of Ministers. Even if passed, it removes only the individual from the Chair and does not affect the ruling majority.
Historically, no Lok Sabha Speaker in India has been removed through this route. As the numbers currently stand in the House, the ruling alliance retains a clear majority, making the passage of the motion unlikely.
For Om Birla, the immediate phase is procedural rather than political. He continues in office until the motion is formally taken up. The real test arrives only when the House debates and votes on the resolution after the mandated notice period.
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