Context
Recently, the Lok Sabha witnessed a high-stakes debate as the Opposition moved a resolution for the removal of Speaker Om Birla under Article 94(c) of the Constitution, alleging partisan conduct and procedural irregularities during the Budget Session. This development marks only the fourth time in independent India’s history that such a motion has reached the floor of the House. Simultaneously, the Supreme Court has recently tightened its stance on the Speaker’s role as a tribunal, warning that “indecision” in disqualification cases cannot be used as a shield to bypass the Anti-Defection Law.
Constitutional Provisions and Election
- Constitutional Basis: Article 93 mandates the Lok Sabha to choose two members of the House to be Speaker and Deputy Speaker as soon as may be.
- Election: The Speaker is elected by a simple majority of the members present and voting. The date of the election is fixed by the President.
- Tenure: The Speaker holds office from the date of election until immediately before the first meeting of the next Lok Sabha. They do not vacate office upon the dissolution of the House (Article 94).
- Resignation: The Speaker submits their resignation in writing to the Deputy Speaker (and vice-versa).
Powers and Functions of the Speaker
- Final Interpreter: The Speaker is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and parliamentary precedents within the House.
- Money Bills: Under Article 110(3), the Speaker’s decision on whether a bill is a Money Bill is final and cannot be questioned in any court, although the Supreme Court (Aadhaar Case) clarified that “colorable” exercises of this power are subject to judicial review.
- Joint Sitting: The Speaker presides over a joint sitting of both Houses of Parliament (Article 108).
- Casting Vote: The Speaker does not vote in the first instance but exercises a casting vote in case of a tie to resolve a deadlock (Article 100).
Administrative and Supervisory Powers
- Head of Secretariat: The Speaker is the ultimate head of the Lok Sabha Secretariat and exercises total control over the Parliament Estate, including security and infrastructure.
- Committee Appointments: The Speaker appoints the Chairpersons of all Parliamentary Committees of the Lok Sabha and supervises their functioning.
- Ex-Officio Chairman: The Speaker personally chairs three critical committees:
- Business Advisory Committee (BAC): Regulates the House timetable and agenda.
- Rules Committee: Considers matters of procedure and conduct of business.
- General Purposes Committee: Deals with matters not falling under other committees.
Quasi-Judicial Role: The Tenth Schedule (Anti-Defection Law)
- Adjudicating Authority: The Speaker decides on the disqualification of members on grounds of defection.
- Kihoto Hollohan Case (1992): The Supreme Court ruled that while acting under the Tenth Schedule, the Speaker functions as a Tribunal. Therefore, their decisions are subject to judicial review on grounds of mala fides, perversity, or violation of constitutional mandate.
- Keisham Meghachandra Singh Case (2020): The Supreme Court recommended that Speakers should decide disqualification petitions within a reasonable period, suggesting a limit of three months.
- Current Status: In recent rulings (2025-26), the Court has emphasized that the Speaker cannot sit on petitions indefinitely, as this defeats the very purpose of the Anti-Defection Law.
Procedure for Removal
- Article 94(c): The Speaker can be removed by a resolution passed by a majority of all the then members of the Lok Sabha (known as an Effective Majority).
- Notice Period: At least 14 days’ notice must be given before moving such a resolution.
- Admissibility: At least 50 members must support the leave to move the motion in the House.
- Special Condition (Article 96): When a resolution for removal is under consideration, the Speaker cannot preside over the sitting. However, they have the right to speak, participate in proceedings, and vote in the first instance, but they cannot vote in the case of a tie.
Q. With reference to the Speaker of the Lok Sabha, consider the following statements:
1. A resolution for the removal of the Speaker requires a majority of the total membership of the House, including vacancies.
2. While a resolution for their removal is under consideration, the Speaker can vote in the first instance but cannot exercise a casting vote.
3. The Supreme Court in the Kihoto Hollohan case held that the Speaker’s decision under the Tenth Schedule is final and exempt from judicial review to maintain parliamentary autonomy.
Which of the statements given above is/are correct?
A) Only one
B) Only two
C) Only three
D) None
Solution: Correct Answer: A (Only one)
• STATEMENT 1 IS INCORRECT: Article 94(c) specifies a "majority of all the then members," which is an Effective Majority (Total Strength – Vacancies). A majority of the total membership (Absolute Majority) is not required.
• STATEMENT 2 IS CORRECT: Under Article 96, the Speaker can participate and vote as an ordinary member (first instance) but loses the power of a casting vote since they are not presiding.
• STATEMENT 3 IS INCORRECT: While the Tenth Schedule originally aimed to make the Speaker's decision final, the Supreme Court in Kihoto Hollohan (1992) struck down that specific clause, holding that the Speaker acts as a Tribunal and is subject to judicial review.
