Removal of Lok Sabha Speaker

Context

Opposition INDIA bloc submitted a formal notice to the Secretary General for the removal of Lok Sabha Speaker Om Birla. The notice, signed by 118 MPs, alleges that the Speaker has acted in a "blatantly partisan manner," specifically citing the denial of speaking time to the Leader of the Opposition and the suspension of eight opposition members during the Budget Session.

Constitutional Provisions

The removal of the Speaker is governed by specific articles that ensure the office remains accountable to the House:

Article 94(c): States that the Speaker may be removed by a resolution of the House of the People passed by a majority of all the then members of the House.
Article 96: Outlines that the Speaker shall not preside while a resolution for their removal is under consideration, though they have the right to participate in the proceedings.

Procedure for Removal

The process is rigorous to prevent arbitrary removal and maintain the dignity of the Chair:

Notice Period: A mandatory 14-day advance notice must be given in writing to the Secretary General of the Lok Sabha.
Admissibility Scrutiny: The notice is examined by the Secretariat (or the Deputy Speaker/Panel of Chairpersons) to ensure it contains specific charges and lacks defamatory language.
Leave of the House: Once the 14 days expire, the motion is moved in the House. For the resolution to be admitted, at least 50 members must rise in their places to support it.
Discussion & Voting: If leave is granted, the resolution must be discussed and voted upon within 10 days.

The "Majority" Requirement

The resolution must be passed by an Effective Majority. Unlike a Simple Majority (majority of those present and voting), an Effective Majority is calculated as:

Effective Majority = More than 50% of (Total Strength of the House – Vacancies)

Example: If the House has 543 seats and 3 are vacant, the effective strength is 540. The resolution would need 271 votes to pass.

Rights of the Speaker During Proceedings

To ensure a fair trial, the Constitution provides the following safeguards to the Speaker while the resolution is being considered:

Participation: The Speaker has the right to speak in and take part in the proceedings.
Non-Presiding Status: They cannot sit in the Speaker's Chair or preside over the House. The Deputy Speaker (or a member from the Panel of Chairpersons) presides instead.
Voting Rights: Unlike normal sessions where the Speaker only has a "Casting Vote" in case of a tie, during their removal proceedings, they can vote only in the first instance (as an ordinary member) but cannot vote to break a tie.

Current Status (February 2026)

Historically, no Speaker of the Lok Sabha has ever been removed from office. While the opposition has the 50 members required to approve the motion, the current NDA government holds a comfortable majority of 293 seats, making the actual removal unlikely. The move is widely seen as a symbolic assertion of the opposition's grievances regarding parliamentary conduct.

Removal of Lok Sabha Speaker