Constitutional Basis
The removal of the Speaker of the Lok Sabha is governed by Article 94(c) of the Constitution of India.
Under this provision:
- The Speaker may be removed from office by a resolution of the House.
- The resolution must be passed by a majority of all the then members of the House (effective majority).
Notice Requirement
- A minimum of 14 days’ notice must be given before moving the resolution.
- The notice is submitted to the Secretary-General of the Lok Sabha.
Procedure
- After notice is admitted, the motion is listed for discussion.
- During the consideration of the removal motion, the Speaker does not preside over the sitting.
- The Deputy Speaker presides over the House.
- If both offices are vacant or the Deputy Speaker is also under motion, a member appointed by the House presides.
The Speaker, however, has the right to:
- Participate in the proceedings.
- Speak in his or her defense.
- Vote in the first instance (but not exercise a casting vote in such proceedings).
Majority Required
- The resolution must be passed by an effective majority, meaning a majority of the total effective strength of the House, excluding vacancies.
- This is higher than a simple majority but lower than a special majority.
Grounds
The Constitution does not specify grounds for removal.
In practice, removal motions may arise due to:
- Allegations of bias or partisanship.
- Violation of constitutional norms.
- Improper conduct in managing House proceedings.
Significance
- Ensures accountability of the presiding officer.
- Safeguards the neutrality and dignity of the office.
- Reflects the principle that the Speaker holds office at the pleasure of the House.
Limitations and Political Context
- Given the requirement of an effective majority, removal is difficult without broad political support.
- Since the Speaker is usually elected from the ruling party or coalition, successful removal is rare.
Conclusion
The removal motion against the Speaker is a constitutional mechanism designed to maintain the impartiality and accountability of the presiding authority of the Lok Sabha. While rarely invoked successfully, it reinforces parliamentary control over its own institutional leadership and preserves the democratic character of legislative functioning.
