Opposition parties have recently moved a no confidence against LS speaker Om Birla claiming his biasness with the BJP led NDA. The debate and voting is likely to take place on 9th March while the speaker decides to leave house proceedings until the notice is resolved.
In accordance with Article 94(c) of the Indian Constitution, opposition parties have filed a notice of no confidence against Om Birla, the Speaker of the Lok Sabha (LS). One hundred and twenty members of Parliament have signed the notice.
In a no confidence motion, the opposition has accused Lok Sabha Speaker Om Birla of being biased and of acting in a clearly partisan way in support of the National Democratic Alliance government, which is led by the Bharatiya Janata Party. The suspension of a number of MPs was one of the main reasons the opposition took this action, claiming it was denied equitable participation in legislative procedures, especially during the Budget Session.
According to sources, a major point of contention was the alleged disruption of Congress leader Rahul Gandhi during the debate on the Motion of Thanks to the President’s Address, as well as the Speaker’s refusal to take action against BJP MP Nishikant Dubey for making unsubstantiated allegations. They have claimed that women MPs of the opposition were orchestrated and further alleged that the Prime Minister was informed not to deliver his much awaited speech, accusing the opposition parties of creating chaos. The no confidence motion will be taken up for debate, followed by a vote, on 9th March.
The conditions under which the Speaker or Deputy Speaker of the Lok Sabha may leave office are outlined in Article 94 of the Constitution. Only the Lok Sabha is subject to Article 94(c), which allows removal through a resolution approved by a majority of the members of the House at the time. The Rules 200-203 under Procedure and Conduct of Business in Lok Sabha is governed . There is a 14 day written notice submitted to the Secretary General and signed by atleast one member. "The leave of the house" is lacked if the no cofidence is not agreed by a minimum of 50 members. The discussion is confined strictly to the charges mentioned in the notice. No act of defamation or an argument without concrete evidence, imputation will be considerd emphasising precision and clear expression.
The Speaker is instantly removed from office if the resolution is approved by a majority of the House's members at the time, which is known as an effective majority. Notably, removal by resolution leads in immediate vacation of office, but the Speaker does not leave office upon the dissolution of the Lok Sabha and remains in office until just before the first sitting of the newly elected House. Article 96 prevents the Speaker from presiding over the proceedings during the discussion of such a resolution, but they are still allowed to speak, participate, and vote like any other member. In the event of a tie, however, they are not permitted to cast a casting vote.
No confidence resolutions have only been brought against the Speaker of the Lok Sabha three times in India's parliamentary history: against the first Speaker, G. V. Mavalankar, in 1954; against Hukam Singh in 1966; and against Balram Jakhar in 1987. Notably, this constitutional process has never been used to remove a Speaker from office, and the motions in all three circumstances failed to secure the required majority.
Lok Sabha speaker Om Birla has decided that he will not attend House proceedings or occupy the Speaker’s chair until the no confidence motion notice moved against him is taken up and resolved. A debate and voting on the no-confidence motion is scheduled to take place on March 9. Union Parliamentary Affairs Minister Kiren Rijiju has cautioned the Opposition that protests will not be permitted during the proceedings. He mentioned
“On March 9 in the Lok Sabha, we will take up the debate on the no-confidence motion moved against the Speaker. As per the rules, it has to be taken up on the first day, and the vote will follow the debate.”
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