Context: According to The Indian Express, 118 Opposition MPs have submitted a notice seeking a resolution to remove the Lok Sabha Speaker, alleging partisan conduct and denial of opportunities to raise issues of public importance. The development brings focus to the constitutional safeguards governing the office of the Speaker.
Constitutional Basis
The removal process is governed by Article 94(c) and Article 96 of the Constitution of India.
- Article 94(c): The Speaker may be removed by a resolution passed by a majority of all the then members of the House.
- Article 96: The Speaker shall not preside while a resolution for their removal is under consideration.
Meaning of Effective Majority
The resolution must be passed by an Effective Majority, defined as:
More than 50% of the “then members of the House”
(Total sanctioned strength – vacancies)
This is different from a simple majority or special majority.
Procedure for Removal
- Notice Submission
- A written notice must be submitted to the Secretary-General of the Lok Sabha.
- It generally requires signatures of at least two members.
- 14-Day Notice Period
- A mandatory 14-day notice is required before moving the resolution (Proviso to Article 94).
- Specific Charges
- The motion must clearly state the charges.
- It must not contain arguments, inferences, defamatory remarks, or imputations.
- Admission of Motion
- The motion requires the support of at least 50 members to be admitted for discussion.
- Presiding Officer During Debate
- The Deputy Speaker, or in their absence, a member from the Panel of Chairpersons, presides (Article 96).
- Speaker’s Rights
- The Speaker has the right to speak and defend themselves.
- They can vote in the first instance but do not have a casting vote in case of a tie.
Historical Precedents
- Removal notices were moved against:
- G.V. Mavalankar (1954)
- Hukam Singh (1966)
- Balram Jakhar (1987)
- Only the motion against G.V. Mavalankar was admitted and debated; it was defeated.
- No Lok Sabha Speaker has ever been removed.
Significance
The removal provision ensures institutional accountability, while safeguards such as effective majority and structured notice protect the dignity and neutrality of the office. The Speaker plays a pivotal role in maintaining parliamentary order, certifying Money Bills, and adjudicating disqualification under the Tenth Schedule, making procedural integrity critical.
