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Parliament – Sessions, Procedures, Motions, Committees etc

Motion to Remove Lok Sabha Speaker: Constitutional & Procedural Aspects

Why in the News?

  • Om Birla has decided not to preside over proceedings of the Lok Sabha until the Opposition’s notice seeking his removal is processed. The notice alleges partisan conduct during House proceedings.
  • Meanwhile, Parliamentary Affairs Minister Kiren Rijiju released footage alleging disorderly conduct by Opposition MPs near the Prime Minister’s seat.

Constitutional Provisions

  • Article 93: Provides for election of the Speaker and Deputy Speaker of the Lok Sabha.
  • Under Article 94 of the Constitution of India, a Speaker of the Lok Sabha can be removed by a resolution passed by a majority of all the then members of the House (effective majority).
  • Article 95: When the office of the Speaker is vacant or the Speaker is absent, the Deputy Speaker performs the duties.

Notice Requirement

  • A minimum of 14 days’ notice must be given.
  • The notice must be signed by at least 50 Members of Parliament.
    • This requirement comes from the Rules of Procedure and Conduct of Business in Lok Sabha, not directly from the Constitution.

Procedure for Removal

  1. Written notice signed by required number of MPs.
  2. Secretary General examines admissibility.
  3. After 14 days, motion may be taken up.
  4. Speaker does not preside during discussion of the motion.
  5. Requires effective majority of the House.
[2024] With reference to the Speaker of the Lok Sabha, consider the following statements: 

While any resolution for the removal of the Speaker of the Lok Sabha is under consideration: 

1. He/She shall not preside. 

2. He/She shall not have the right to speak. 

3. He/She shall not be entitled to vote on the resolution in the first instance. 

Which of the statements given above is/are correct? 

(a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3

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