No-Confidence motion: Removal of Lok Sabha Speaker

No-Confidence Motion Against the Lok Sabha Speaker is a Constitutional Procedure. Read here to learn about the procedure and significance.

The recent move by the Opposition to initiate a no-confidence motion against the Lok Sabha Speaker has brought into focus an important constitutional mechanism that ensures accountability of the presiding officer of the House.

Though rare in practice, the procedure for the removal of the Speaker is clearly laid down in the Constitution and the Rules of Procedure of the Lok Sabha.

What is a No-Confidence Motion Against the Speaker?

A no-confidence motion against the Speaker is a formal resolution seeking the removal of the Speaker (or Deputy Speaker) from office before completion of their term.

• It applies only to the Lok Sabha, since the Rajya Sabha has a Chairman (the Vice President of India) and a Deputy Chairman.
• The constitutional basis is found in Article 94(c) of the Constitution of India.

Article 94(c): Key Provision

The Speaker or Deputy Speaker may be removed from office by:

• A resolution of the House was passed by a majority of all the then members of the Lok Sabha.
• This means an absolute majority (majority of the total effective strength of the House), not merely a majority of those present and voting.

Constitutional and Procedural Framework

1. Article 94 – Vacation, Resignation, and Removal

A Speaker vacates office if:

• They cease to be a Member of the House,
• They resign in writing to the Deputy Speaker,
• They are removed by a resolution passed by a majority of all the then members.

2. Rules of Procedure (Rules 200-203)

• The detailed procedure is governed by Rules 200-203 of the Rules of Procedure and Conduct of Business in Lok Sabha.

Procedure for Removal of the Speaker

The removal process is structured and time-bound to prevent arbitrary action.

1. Notice of Resolution

• A written notice must be submitted to the Secretary-General of the Lok Sabha.
• A minimum 14-day notice period is mandatory before the motion can be taken up.

This ensures procedural fairness and prevents sudden or impulsive removal attempts.

2. Inclusion in the List of Business

After the expiry of the 14-day notice period:

• The motion is included in the List of Business for consideration.
• The House first considers whether to grant leave to move the resolution.

3. Support Requirement (Initial Test)

When the motion is taken up:

• At least 50 Members must rise in support.
• If fewer than 50 members support it, the motion lapses immediately.

This acts as a preliminary filter to prevent frivolous motions.

4. Discussion

If the motion is admitted:

• It must be taken up for discussion within 10 days.
• Debate is confined strictly to the charges mentioned in the resolution.
• The Speaker is allowed to defend themselves.

5. Voting Requirement

For removal:

• The motion must be passed by a majority of all the then members (absolute majority).
• For example, if the effective strength of the Lok Sabha is 543, at least 272 votes are required.

This high threshold ensures institutional stability.

Role of the Speaker During the Motion

The Constitution provides safeguards to ensure fairness:

• The Speaker does not preside over the sitting when the motion is under consideration (usually presided over by the Deputy Speaker or another member).
• The Speaker:
  • Can participate in proceedings,
  • Can speak in their defence,
  • Can vote in the first instance,
  • But cannot exercise a casting vote in case of a tie.

Even after the dissolution of the Lok Sabha, the Speaker continues in office until the first meeting of the new House. This ensures continuity of constitutional authority.

Has a Speaker Ever Been Removed?

Historically, motions have been moved against:

• G.V. Mavalankar (1954)
• Hukam Singh (1966)
• Balram Jakhar (1987)

However, no Speaker has ever been removed through this process.

This underlines both the political sensitivity and the high constitutional threshold required.

Difference from a No-Confidence Motion Against the Government

It is important not to confuse:

• No-confidence motion against the Council of Ministers (Article 75 – collective responsibility)
• Resolution for removal of the Speaker (Article 94).

The former tests the majority of the government, while the latter concerns the presiding officer of the House.

Constitutional and Political Implications

1. Constitutional Accountability

The provision ensures that:

• The Speaker remains accountable to the House.
• The office does not become insulated from parliamentary scrutiny.

2. Political Sensitivity

Since the Speaker is expected to function impartially:

• A motion for removal often reflects deep political tensions.
• It may arise from allegations of partisan conduct.

3. Institutional Stability

While accountability is essential:

• Frequent or politically motivated motions can weaken parliamentary decorum.
• The high threshold of absolute majority prevents instability.

Constitutional Significance

The removal mechanism reflects a balance between:

• Autonomy of the presiding officer
• Democratic accountability
• Protection from political pressure

It ensures that the Speaker, though elected by a political majority, must function as a neutral constitutional authority.

Conclusion

A no-confidence motion against the Lok Sabha Speaker is a serious constitutional step governed by Article 94 and detailed procedural safeguards.

While rarely invoked and never resulting in removal so far, it remains an important instrument of parliamentary accountability.

At the same time, the dignity and neutrality of the Speaker’s office are central to the functioning of India’s parliamentary democracy. The current motion, therefore, is not merely a political event; it is a constitutional process that tests both accountability and institutional maturity.

Frequently Asked Questions (FAQs)

Q. What is a no-confidence motion against the Lok Sabha Speaker?

Ans: It is a resolution moved in the Lok Sabha seeking the removal of the Speaker (or Deputy Speaker) before the completion of their term under Article 94(c) of the Constitution.

Q. Is it the same as a no-confidence motion against the government?

• A no-confidence motion against the government tests the majority of the Council of Ministers (Article 75).
• A motion against the Speaker seeks the removal of the presiding officer under Article 94.

Q. Which House does this provision apply to?

Ans: It applies only to the Lok Sabha. The Rajya Sabha Chairman (Vice President) is removed through a different constitutional process under Article 67.

4. What majority is required to remove the Speaker?

An absolute majority, that is, a majority of all the then members of the Lok Sabha, not just those present and voting.

Q. What is the notice period required?

Ans: A minimum of 14 days’ written notice must be given before the motion can be taken up.