Opposition parties of the INDIA bloc are considering moving a resolution for the removal of Lok Sabha Speaker Om Birla, alleging partisan conduct amid repeated disruptions, suspensions of MPs.
Reason Behind the Proposed Resolution
- Partisan Functioning: Opposition leaders accused the Speaker of “acting in a partisan manner” and denying the Leader of Opposition, the opportunity to speak during the debate on the Motion of Thanks to the President’s Address.
- MP Suspensions: The move follows the suspension of eight Opposition MPs from the Lok Sabha.
- Allegations Against Women MPs: The Opposition objected to “unsubstantiated” charges made against women Congress MPs.
About the Speaker of the Lok Sabha
- The Speaker is the presiding officer of the Lok Sabha, responsible for regulating its day-to-day functioning.
- The Speaker holds a constitutional office, functioning under the Constitution and the Rules of Procedure and Conduct of Business.
- The Speaker’s salary and allowances are charged on the Consolidated Fund of India, and are not voted upon by Parliament.
Constitutional Provision
- Article 93: The Lok Sabha shall choose a Speaker and a Deputy Speaker.
- Article 95: The Deputy Speaker performs the duties of the Speaker when the office is vacant
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Election and Tenure of Speaker
- Eligibility: No special qualifications, except that the Speaker must be a member of the Lok Sabha.
- Election Process: The Speaker is elected by a simple majority of members present and voting.
- The President fixes the election date, which is held soon after the first sitting of the new Lok Sabha
- Convention:
- Usually elected from the ruling party after informal consultations with opposition parties.
- This convention helps ensure impartiality and acceptance across party lines
- Tenure:
- Duration: The Speaker normally remains in office for the full life of the Lok Sabha.
- Dissolution of Lok Sabha: Even after the Lok Sabha is dissolved, the Speaker continues in office until the first meeting of the new House.
Historical Precedent
- No Lok Sabha Speaker has ever been removed through a successful resolution.
- Dr. Neelam Sanjiva Reddy is the only Speaker who resigned and later became President of India.
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Removal of the Speaker
- Grounds for Removal:
- Ceases to be a member of the Lok Sabha.
- Resigns by writing to the Deputy Speaker.
- Removed by a resolution passed by the Lok Sabha
- Procedure:
- The Speaker can be removed by a resolution passed by the Lok Sabha through an effective majority.
- A removal motion requires 14 days’ advance notice and support of at least 50 members.
- Article 96: During consideration of removal, the Speaker cannot preside, but may participate and vote normally (except in case of a tie).
Historical Instances of Removal Resolutions
- First Instance: G.V. Mavalankar (1954); During the First Lok Sabha.
- The resolution was defeated, as the ruling party had the required majority.
- Second Instance: Balram Jakhar (1987): During the Eighth Lok Sabha.
- The motion was moved during the Bofors scandal, which had severely affected the Rajiv Gandhi government.
- The resolution was defeated, as the government enjoyed a single-party majority
Comparison: Indian Speaker vs British Speaker
| Criteria |
Indian Speaker |
British Speaker |
| Election |
Chosen from among the members of the Lok Sabha after a new House is constituted. |
Elected from the House of Commons and usually re-elected unopposed in later elections. |
| Partisanship |
Expected to act impartially but continues to be a member of their political party. |
Must remain strictly neutral and resigns from their political party after election. |
| Tenure |
Holds office even after the Lok Sabha is dissolved, until a new Lok Sabha elects a Speaker. |
Continues in office despite changes in government or elections, until retirement or resignation. |
| Post-Tenure Practices |
May return to active party politics after completing the term as Speaker. |
Usually withdraws from the House of Commons and is often appointed to the House of Lords. |
| Electoral Convention |
No special convention regarding the Speaker’s constituency. |
The Speaker’s constituency is traditionally left uncontested by major political parties. |
Political Significance of Such Motions
- Symbolic Nature: These resolutions function primarily as a political statement rather than a realistic attempt at removal.
- Opposition Strategy: They allow the Opposition to highlight alleged institutional bias and “punch above its numbers” in parliamentary politics.
- Democratic Function: Such devices underline the layered nature of democratic politics, where procedural tools are used to register dissent even without numerical strength.