Opposition Moves Resolution to Remove Lok Sabha Speaker Om Birla: Constitutional Procedure Explained
The Opposition in Lok Sabha filed a resolution seeking the removal of Speaker Om Birla, with support from over 100 opposition MPs across Congress and allied parties.
The move was triggered by allegations of partisan conduct during the Budget Session — specifically the denial of speaking time to Leader of Opposition Rahul Gandhi, suspension of opposition MPs, and the Speaker's alleged failure to act against objectionable remarks by ruling party members.
In a rare constitutional moment, Om Birla was present in the House but did not chair proceedings on the day the resolution was listed — he sat among members as the House took up the notice.
The absence of a Deputy Speaker (the post has been vacant since June 2019) created an unusual procedural situation, as no permanent substitute presiding officer exists to chair proceedings during a Speaker removal debate.
The motion follows a constitutional procedure under Article 94(c) of the Indian Constitution.
Article 94: Removal of the Lok Sabha Speaker
Article 94 of the Constitution governs the vacation, resignation, and removal of the Speaker and Deputy Speaker of the Lok Sabha. Under Article 94(c), the Speaker can be removed by a resolution passed by a majority of all the then members of the House — an effective majority, not just those present and voting. This is a higher threshold than an ordinary resolution and requires 14 days' advance notice to the Secretary-General before the resolution can be moved. The removal process is a safeguard against frivolous motions while preserving parliamentary accountability.
The Opposition's notice under Article 94(c) was the formal constitutional trigger for the procedural scenario where the Speaker sat among members — illustrating that the Constitution itself foresaw the need to deprive the Speaker of the chair during such proceedings.
Role and Powers of the Lok Sabha Speaker
The Speaker is the constitutional head of the Lok Sabha, elected by the House from among its members (Article 93). The Speaker is the final authority on parliamentary procedure, decides questions of disqualification under the Tenth Schedule (anti-defection), certifies Money Bills (Article 110), and maintains order and decorum in the House. The office is expected to be impartial and constitutional conventions require the Speaker to sever active party ties upon election.
The allegations against Speaker Birla centre on the misuse of the very discretionary powers that make the Speaker's office powerful — particularly control over speaking time, suspension, and recognition of members.
Deputy Speaker Vacancy and Constitutional Gap
The post of Deputy Speaker of Lok Sabha has been vacant since June 2019, when the 17th Lok Sabha was constituted. The 18th Lok Sabha (2024) has also not yet elected a Deputy Speaker. Article 93 mandates that both offices "shall" be filled "as soon as may be," but no constitutional deadline exists. By convention, the Deputy Speaker post has been given to the principal opposition party, but this practice has not been followed since 2014. The vacancy becomes constitutionally significant when the Speaker faces a removal motion — under Article 96, the Speaker cannot preside during such proceedings, and the Deputy Speaker would normally chair the House.
Key Details
- Article 93: Both Speaker and Deputy Speaker "shall be chosen" — mandatory language, but no timeline specified
- Article 96: Speaker cannot preside when a resolution for his removal is under consideration
- With no Deputy Speaker, the House must elect a pro-tem or panel member to preside during this specific sitting
- Historical precedent: Three prior removal attempts — G.V. Mavalankar (1954, defeated), Hukum Singh (1966, failed at leave stage), Balram Jakhar (1987, rejected)
- No Speaker has ever been removed by the House in India's parliamentary history
The vacant Deputy Speaker post turns a routine constitutional provision into a procedural puzzle — the House had to identify an alternative presiding officer for the day, making this moment constitutionally distinctive beyond just the removal notice itself.
- Constitutional provision: Article 94(c) — removal by majority of all then members (~272 of 543)
- Notice requirement: 14 days to Secretary-General; 50 members must stand in support for leave of House
- Opposition support: Over 100 MPs from Congress and allied parties signed the notice
- Deputy Speaker vacancy: Post vacant since June 2019 (6+ years, across two Lok Sabhas)
- Historical removal attempts in India: 3 (1954, 1966, 1987) — all failed; no Speaker ever removed
- Article 96: Speaker cannot preside when removal resolution is under consideration
- Budget Session 2026 allegations: Denial of speaking time to LoP Rahul Gandhi, opposition MP suspensions
- Present scenario: Rare — Speaker seated among members, not chairing, while House deliberates