Explained: How A Lok Sabha Speaker Can Be Removed Under Article 94(C)

The move has triggered debate over the constitutional and procedural provisions governing the removal of the Lok Sabha Speaker.

With the opposition having submitted the notice against Om Birla, the motion can now be taken up after the mandatory 14-day period. Once introduced, the resolution will be put to vote in the House.

Source : PTI

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The opposition has submitted a notice of a no-confidence motion seeking the removal of Lok Sabha Speaker Om Birla to the Secretary General of the Lok Sabha. The notice has been moved under Rule 94(C), following allegations that the Leader of the Opposition was not allowed to speak in the House.

The move has triggered debate over the constitutional and procedural provisions governing the removal of the Lok Sabha Speaker.

What Does Article 94(C) Provide?

The Constitution lays down a clear process for the removal of the Speaker or Deputy Speaker of the Lok Sabha. Under Article 94(C), the Speaker or Deputy Speaker can be removed by a resolution passed by a majority of the total membership of the House, provided that a minimum notice period of 14 days is given.

The notice of intention to move such a resolution must be submitted in writing to the Secretary General of the Lok Sabha. The member who submits the notice is required to move the resolution on the specified date, which must be at least 14 days after the notice is given.

Process Following The Notice

With the opposition having submitted the notice against Om Birla, the motion can now be taken up after the mandatory 14-day period. Once introduced, the resolution will be put to vote in the House.

For the motion to succeed, it must be passed by an effective majority, that is, a majority of the total membership of the Lok Sabha, excluding vacant seats. If the resolution is adopted, the Speaker stands removed from office.

Minimum Support Required

As per parliamentary rules, a motion for the removal of the Speaker can only be admitted for discussion if it is supported by at least 50 members of the Lok Sabha.

Speaker’s Role During Pendency Of Motion

When a motion for the removal of the Speaker is pending, the Speaker is barred from presiding over the proceedings of the House, even if present. However, the Speaker is permitted to participate in the proceedings and may speak during debates.

The Speaker is also entitled to cast a vote in the first instance, but does not have the power to exercise a casting vote in the event of a tie.

Speaker Steps Away From Proceedings

Following the submission of the notice to the Secretary General, Om Birla has distanced himself from conducting the proceedings of the House.