No-Confidence Motion Against the Lok Sabha Speaker: Rules, Process, and What Happens Next

Context: Why Has a No-Confidence Motion Been Moved?

The Opposition has moved a no-confidence motion against Lok Sabha Speaker Om Birla. This follows:

• The Speaker not allowing Leader of Opposition (LoP) Rahul Gandhi to quote from or speak about former Army Chief General M. M. Naravane’s unpublished memoir.
• Birla’s claim that Prime Minister Narendra Modi could have been attacked inside the House.

Lok Sabha sources have indicated that the motion will now be examined and processed as per established rules and procedures.

Can the Lok Sabha Speaker Be Removed?

• Yes, the Speaker or Deputy Speaker of the Lok Sabha can be removed.
• This process is specific to the Lok Sabha and does not apply to the Rajya Sabha.
• The removal is possible through a resolution passed by a majority of all the then members of the Lok Sabha.
• The constitutional basis is Article 94(c) of the Constitution, which deals with removal, alongside provisions for vacation and resignation of these offices.

Conditions Under Which the Speaker/Deputy Speaker Vacates Office

Under Article 94, a Member holding office as Speaker or Deputy Speaker of the Lok Sabha vacates office if:

• Article 94(a): They cease to be a member of the House of the People.
• Article 94(b): They resign from office by writing under their hand addressed appropriately.
• Article 94(c): They are removed by a resolution of the House of the People passed by a majority of all the then members of the House.

Procedure for Removal of Speaker or Deputy Speaker

1. Notice of Resolution

• A member who wishes to move a resolution for removal must give notice in writing to the Secretary-General of the Lok Sabha.
• The notice can be given by two or more members jointly.
• No resolution for removal under clause (c) can be moved unless at least 14 days’ notice of the intention to move the resolution has been given.

2. Listing of Motion for Leave

• Once the notice is received, a motion for leave to move the resolution is entered in the List of Business.
• This is done in the name of the concerned member(s) on a day fixed by the Speaker.

3. Requirement of Support in the House

• The motion must be backed by at least two members of the Lok Sabha.
• When the motion is taken up, members in favour are required to rise in their places.
• If not less than 50 members stand up, the presiding officer declares that leave has been granted.
• The resolution is then scheduled for discussion on a day not more than 10 days from the date on which leave is asked for.

What Happens If the Motion Is Admitted?

• The resolution is included in the List of Business on the appointed day.
• The House then takes up the resolution for discussion.
• The member(s) who moved the motion may speak, if the presiding officer allows.

What If There Is Insufficient Participation?

• If fewer than the required number of members participate (e.g., fewer than 50 stand up in support),
• The presiding officer informs the House that the member who submitted the motion “has not the leave of the House”.
• A resolution received without due notice (i.e., without observing the 14-day requirement) is not proceeded with.

Guidelines for a No-Confidence Motion Against the Speaker

Under Rule 200A, a resolution for removal must:

• Be specific with respect to charges.
• Be clearly and precisely expressed.
• Not contain arguments, inferences, ironical expressions, imputations, or defamatory statements.

Once admitted for discussion:

• No speech is automatically allowed to the member(s) who submitted the motion; they may speak only if permitted by the presiding officer.

Role of the Speaker During Discussion on Their Own Removal

• The Speaker does not immediately vacate office when a motion for removal is moved.
• Even when the Lok Sabha is dissolved, the Speaker continues in office until immediately before the first meeting of the newly constituted House.
• During consideration of a resolution for their removal, the Speaker has the right to speak and to take part in proceedings.
• The Speaker is entitled to vote only in the first instance on such a resolution or any related matter, and not in the case of an equality of votes.

Past Instances of No-Confidence Motions Against LS Speakers

There have been three previous instances:

• 1954: Against Ganesh Vasudev Mavalankar, the first Speaker of the Lok Sabha.
• 1966: Against Speaker Hukam Singh (November 1966).
• 1987: Against Speaker Balram Jakhar (April 1987).

In all three cases, the motions did not result in the removal of the Speaker; none of them lost their chair because of the motion.

Summary

• The Opposition has moved a no-confidence motion against Speaker Om Birla over issues related to parliamentary speech and security claims.
• The Constitution (Article 94) allows removal of the Speaker/Deputy Speaker via a resolution passed by a majority of all current Lok Sabha members.
• Key requirements include a 14-day notice, support of at least 50 members standing in favour when leave is sought, and strict rules on how the motion is worded.
• If the motion is admitted, it must be taken up within 10 days, debated, and then decided by a majority vote.
• India has seen three such motions in 1954, 1966, and 1987, none of which resulted in actual removal of the Speaker.