Relevance: GS II (Parliament – Structure, Functioning & Conduct of Business) | Source: Indian Express

1. The Context: A Rare Move

A unified Opposition bloc has submitted a notice for a resolution to remove the Lok Sabha Speaker, Om Birla, citing “partisan conduct” and the suspension of MPs.

• Recusal: Following parliamentary convention, the Speaker has recused himself from presiding over the House until the validity of the notice is decided.
• The Number: The notice has been signed by over 100 MPs (well above the mandatory 50 members required for admission).

2. Constitutional Provisions (Article 94 & 96)

The removal of the Speaker is a grave process governed strictly by the Constitution:

• Article 94(c): The Speaker can be removed by a resolution of the Lok Sabha passed by a majority of “all the then members of the House” (known as Effective Majority).
  • Notice Period: A mandatory 14-day notice must be given before moving the resolution.
• Article 96:
  • Presiding: The Speaker cannot preside over a sitting of the House while a resolution for his removal is under consideration.
  • Right to Speak & Vote: Unlike a normal sitting (where the Speaker has a Casting Vote only in a tie), during his removal proceedings, he has the Right to Speak and take part in proceedings. He can vote in the first instance but cannot exercise a Casting Vote in case of a tie.

3. Who Presides in the Interim?

• Standard Rule: If the Speaker is absent or recused, the Deputy Speaker presides (Article 95).
• Current Scenario: Since the post of Deputy Speaker is currently vacant, a member from the Panel of Chairpersons (nominated by the Speaker from senior MPs) will preside over the House.

4. Procedural Steps

1. Notice: Written notice to the Secretary-General (Done).
2. Admission: After 14 days, the motion is listed. At least 50 MPs must rise in support for it to be admitted.
3. Debate & Vote: If admitted, charges are debated. The Speaker defends himself. The motion is then put to vote requiring an Effective Majority (Total Strength – Vacancies > 50%).

UPSC Value Box

Q. With reference to the removal of the Speaker of the Lok Sabha, consider the following statements:

1. A resolution for the removal of the Speaker can be moved only after giving at least 14 days’ notice.
2. The Speaker cannot preside over the sitting of the House while the resolution for his removal is under consideration.
3. During the removal proceedings, the Speaker has the right to vote only in the case of an equality of votes (Casting Vote).

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

Correct Answer: (b)