No-Confidence Motion Against Om Birla: Process and Implications

 


No-Confidence Motion Against Om Birla: Process and Implications

By Home Academy – Exam Focused Article

The recent discussions in Indian politics have brought the No-Confidence Motion against Om Birla, the Speaker of Lok Sabha, into focus. Understanding this topic is crucial for competitive exams like UPSC, SSC, State PSCs, and Political Science papers, as it involves the parliamentary process, constitutional provisions, and powers of the Speaker.


What is a No-Confidence Motion?

A No-Confidence Motion is a formal procedure in parliamentary systems where the Lok Sabha (House of the People) expresses that it no longer has confidence in the government or, in rare cases, the Speaker. While no-confidence motions are commonly used against the Council of Ministers or Prime Minister, a motion against the Speaker is extremely rare and constitutionally significant.


Process for Removal of the Lok Sabha Speaker

Constitutional Provisions

Article 94 of the Constitution of India states that the Speaker of the Lok Sabha can be removed by a resolution passed by a majority of all the then members of the House.

This is different from a simple majority; it requires a special majority, meaning more than 50% of total membership, not just those present and voting.

Step-by-Step Process

  1. Notice of Motion: A minimum of 50 members of the Lok Sabha must give a written notice proposing the removal of the Speaker.

  2. Admission of Motion: The motion is examined by the Chairman/Secretary of Lok Sabha. Once admitted, the motion is placed on the agenda of the House.

  3. Discussion in the House: The motion is discussed in the Lok Sabha. Members can speak for or against the motion.

  4. Voting: A majority of all members of the House must vote in favor of the resolution for the Speaker to be removed. If the resolution is passed, the Speaker ceases to hold office immediately.


Important Points to Remember (Exam Focus)

Lok Sabha Speaker’s Term: The Speaker holds office for the duration of the Lok Sabha but can resign or be removed earlier.

Majority Required: Removal requires majority of the total membership, not just those present.
No-Confidence vs No-Trust: No-confidence motions against the government can bring down the Council of Ministers. Against the Speaker, it only removes the presiding officer.
Historical Context: Instances of motions against a Speaker are extremely rare in Indian parliamentary history.
Function During Motion: The Speaker usually steps aside during voting if a motion against them is admitted, to ensure neutrality.

Implications of the Motion

If a no-confidence motion against Om Birla were to be passed:

The Speaker would be removed immediately.

The Deputy Speaker or another senior member would act as the presiding officer until a new Speaker is elected.
It reflects a political shift or dissent in the House and can influence the functioning of parliamentary proceedings.

Conclusion

The removal of the Lok Sabha Speaker is a rare and constitutionally significant event. It involves strict procedural norms and a majority of total membership, unlike normal voting in the House. For competitive exams, it is crucial to remember the Article 94 provisions, voting requirement, historical rarity, and procedural steps.

Key Exam Points:

Article 94 – Removal of Speaker

Majority of all members, not just present
Notice by 50 or more members
Rarely happens in India
Deputy Speaker acts in interim

MCQ QUESTION for Practice


  1. Which Article of the Indian Constitution deals with the removal of the Lok Sabha Speaker?
    A. Article 75
    B. Article 94
    C. Article 79
    D. Article 105

  2. How many members of the Lok Sabha must give notice for a motion to remove the Speaker?
    A. 10 members
    B. 25 members
    C. 50 members
    D. 100 members

  3. What kind of majority is required to remove the Speaker of the Lok Sabha?
    A. Simple majority of members present
    B. Two-thirds majority of members present
    C. Majority of all the then members of the House
    D. Three-fourths majority of members present

  4. During a no-confidence motion against the Speaker, who presides over the House if the Speaker steps aside?
    A. Prime Minister
    B. Deputy Speaker
    C. Leader of Opposition
    D. President of India

  5. A no-confidence motion against the Speaker, if passed, results in:
    A. Dissolution of the Lok Sabha
    B. Immediate removal of the Speaker
    C. Resignation of the Prime Minister
    D. Re-election of all Lok Sabha members

  6. Which of the following statements about no-confidence motion against the Speaker is correct?
    A. It can bring down the Council of Ministers
    B. It requires a simple majority of members present
    C. It is a rare occurrence in Indian parliamentary history
    D. It automatically dissolves the Lok Sabha

  7. The Speaker of the Lok Sabha holds office for:
    A. Five years or until removed
    B. Duration of the Lok Sabha
    C. Life term
    D. Two terms only

  8. Which of the following is a difference between a no-confidence motion against the government and against the Speaker?
    A. Both result in dissolution of the Lok Sabha
    B. Motion against the Speaker removes only the presiding officer, not the government
    C. Motion against government requires two-thirds majority
    D. Motion against Speaker requires support of the Prime Minister


Answer


  1. B. Article 94
    Explanation: Article 94 of the Indian Constitution provides that the Speaker of Lok Sabha can be removed by a resolution passed by the majority of all the then members of the House.

  2. C. 50 members
    Explanation: At least 50 members of the Lok Sabha must give a written notice proposing the removal of the Speaker.

  3. C. Majority of all the then members of the House
    Explanation: Removal of the Speaker requires a special majority, meaning more than 50% of the total membership, not just members present and voting.

  4. B. Deputy Speaker
    Explanation: When a no-confidence motion against the Speaker is admitted, the Speaker steps aside, and the Deputy Speaker presides over the House.

  5. B. Immediate removal of the Speaker
    Explanation: If the motion is passed, the Speaker ceases to hold office immediately, while the Lok Sabha continues to function.

  6. C. It is a rare occurrence in Indian parliamentary history
    Explanation: Motions against the Speaker are extremely rare in India. Unlike motions against the government, they do not dissolve the House or affect the Council of Ministers.

  7. B. Duration of the Lok Sabha
    Explanation: The Speaker holds office for the entire term of the Lok Sabha, but can resign or be removed earlier under Article 94.

  8. B. Motion against the Speaker removes only the presiding officer, not the government
    Explanation: A no-confidence motion against the Speaker only removes the Speaker, whereas a motion against the government can bring down the Council of Ministers.



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