NEW DELHI: While several opposition parties have joined hands to move a resolution to remove Om Birla as the Lok Sabha speaker, there have been similar attempts in the past but none have been successful.
A notice to bring the resolution was submitted by opposition members on Tuesday afternoon. Sources in the Lok Sabha secretariat said the notice will be examined and processed according to rules.
This is how the resolution is moved, approved, permitted and disposed of, and why no such resolution has ever been successful in the past:
At least two Lok Sabha members have to sign the notice to move a resolution for the speaker’s removal. Any number of members can sign the notice but a minimum of two is mandatory.
The speaker can be removed from office by a resolution passed by the House through a simple majority. Article 94C of the Constitution has provisions for such a move.
“All the members of the House are counted to compute the majority, not the members present and voting, which is the normal practice. It means the effective membership of the House, except for the vacancies, is used to calculate the majority,” former Lok Sabha secretary general P D T Achary stated. The notice has to be submitted to the Lok Sabha secretary general, and not the deputy speaker or anyone else, he said.
The document is then examined at the preliminary stage to see whether it contains “very specific charges”, he said.
“At the threshold itself, there is a process of admissibility. At that stage, it is seen whether it contains specific charges. Specific charges are required as only then the speaker will be able to respond,”
Achary explained.
The resolution must not contain defamatory language or content.
Article 96 gives the speaker the opportunity to defend himself or herself in the House.
The language of the proposed resolution is usually examined by the deputy speaker, but since the present Lok Sabha does not have a deputy speaker, it may be examined perhaps by the senior-most member of the panel of chairpersons.
The panel helps the speaker run the House in his
or her absence.
“The speaker examining a resolution that seeks his removal looks absurd,” Achary said, adding that the rule is silent on the subject.
Once the processing part is over, the resolution reaches the House. But it can go to the House after 14 days,
Achary said.
The speaker cannot preside the House while the resolution for his removal from office is under consideration, according to Article 96.
The chair then places it in the House for consideration. It is actually the House which admits it, or as the rule says, “grants permission”.
Achary further said, “The chair then asks members in favour of the resolution to stand up. If 50 members stand up in support of it and if the criteria is fulfilled, the speaker announces that the House has granted permission. Once the House grants permission, it has to be taken up for discussion and disposed of
within 10 days.”
There are precedents of resolutions being moved. However, none has been adopted so far. “The reason -- governments have a majority,” Achary said.
The resolution alleges that Speaker Birla had acted in a “blatantly partisan” manner in conducting the business of the House and “abused” the constitutional office he occupies.