No-Confidence Motion Against Lok Sabha Speaker Om Birla: Constitutional Procedure and Precedents
As Parliament began the second phase of the Budget Session on March 9, 2026, Lok Sabha listed a notice by the Opposition to move a resolution to remove Speaker Om Birla.
118 Members of Parliament signed the no-confidence motion, accusing Birla of partisan conduct — including disallowing Opposition leaders to speak, suspending Opposition MPs for entire sessions, and making unwarranted allegations against women MPs.
The All India Trinamool Congress (TMC), initially non-committal, announced it would direct its MPs to support the motion following a direction from party chief Mamata Banerjee.
Both the ruling BJP and Congress issued three-line whips directing their Lok Sabha MPs to be present from March 9 to March 11.
Debate and vote on the resolution is scheduled for March 9, 2026.
The motion requires 50 members to stand in support for it to be admitted; to succeed in removal it requires a majority of all then-members of Lok Sabha.
Article 94(c): Removal of the Lok Sabha Speaker
Article 94 of the Constitution governs how the Speaker and Deputy Speaker vacate, resign from, or are removed from office. Article 94(c) specifically provides for removal by a resolution of the Lok Sabha.
The Opposition notice against Om Birla follows precisely this constitutional procedure — a written notice with 50+ signatories, a 14-day cooling period, and scheduled debate on March 9 during the Budget Session's second phase.
Article 94 vs. Article 67(b): Speaker vs. Vice President (Rajya Sabha Chairman) Removal
The removal procedures for the Lok Sabha Speaker and the Rajya Sabha Chairman (Vice President) differ significantly in constitutional design.
Key Details
- Article 67(b): The Vice President (ex-officio Chairman of Rajya Sabha) may be removed by a resolution of the Council of States passed by a majority of all its then members and agreed to by the House of the People (simple majority suffices for the Lok Sabha's agreement).
- Article 94(c): The Speaker is removed only by a resolution of the Lok Sabha — the Rajya Sabha has no role.
- For the Rajya Sabha Chairman, the resolution originates in the Rajya Sabha; for the Speaker, it originates in the Lok Sabha.
- Article 67(b) also requires 14 days' notice before moving the resolution.
- The Vice President's removal therefore requires bicameral concurrence; the Speaker's removal is entirely within the Lok Sabha's domain.
The motion against Om Birla is a purely Lok Sabha affair. The Rajya Sabha has no constitutional role, unlike in the case of the Vice President's removal. This underscores the self-contained authority of the Lok Sabha over its own presiding officer.
Precedents and Historical Context: No Speaker Has Ever Been Removed
The constitutional provision in Article 94(c) has been invoked only three times in independent India's parliamentary history, and none has succeeded.
Key Details
- 1954: Motion moved against Speaker G.V. Mavalankar — not admitted.
- 1966: Motion moved against Speaker Hukam Singh — did not proceed.
- 1987: Motion moved against Speaker Bal Ram Jakhar — did not succeed.
- No Lok Sabha Speaker has ever been removed through this constitutional process since independence.
- The Speaker's position is constitutionally protected from easy removal precisely to ensure parliamentary independence; the majority threshold (all then members) is deliberately high.
- Rule 198 of the Lok Sabha Rules of Procedure governs the procedure for moving the notice.
The 2026 motion marks the fourth time the process has been invoked. The high threshold (effective majority of all members) makes success unlikely given the BJP's numerical strength, but the constitutional process itself serves as a check on partisan conduct by the Speaker.
Role and Immunities of the Lok Sabha Speaker
The Speaker is the constitutional head of the Lok Sabha and exercises wide powers over parliamentary proceedings. These powers are legally insulated from judicial review in most circumstances.
Key Details
- Articles 93–97 of the Constitution govern the election, removal, and powers of the Speaker.
- Article 105(2): No Member of Parliament can be held liable in any court for anything said or voted in Parliament — this immunity extends to the Speaker's rulings within the House.
- Article 122: Courts cannot inquire into proceedings of Parliament — a Speaker's procedural decisions during sessions are not subject to judicial challenge.
- The Speaker controls admission of bills, recognition of the Leader of the Opposition, suspension of members, and certification of Money Bills under Article 110.
- The Speaker is also the authority for deciding disqualification petitions under the Tenth Schedule (Anti-Defection Law) — a power frequently criticised for enabling partisan decisions.
The Opposition's allegations centre on the Speaker's conduct of proceedings — but because of Articles 105 and 122, courts cannot interfere. The no-confidence route under Article 94(c) is thus the only constitutional remedy for parliamentary misconduct by the Speaker.
- Article 94(c): Removal of Speaker by effective majority of all then-members of Lok Sabha.
- 14 days' prior written notice mandatory before moving the resolution.
- 50 members must stand in support for the notice to be admitted.
- Article 67(b): Vice President removal — requires Rajya Sabha resolution + Lok Sabha agreement.
- Historical precedents: 1954 (Mavalankar), 1966 (Hukam Singh), 1987 (Bal Ram Jakhar) — none succeeded.
- 118 MPs signed the 2026 motion against Speaker Om Birla.
- TMC announced support on March 7, 2026, following party direction from Mamata Banerjee.
- Rule 198 of the Lok Sabha Rules of Procedure governs the removal notice process.
- Three-line whips issued by BJP and Congress for March 9–11, 2026.
- Lok Sabha total strength: 543 seats; effective majority requires majority of all then-members (excluding vacancies).