Om Birla may sit among MPs as Lok Sabha takes up removal notice on March 9
At least 118 opposition members submitted the notice, citing Birla’s refusal to allow LoP Rahul Gandhi & other opposition leaders to speak on the Motion of Thanks
A file image of the speaker of the Lok Sabha Om Birla (Photo: IANS)
New Delhi, Mar 5: The Lok Sabha is set to witness a rare moment on March 9 when Speaker Om Birla will not preside over proceedings but will be seated among members as the House considers a notice seeking his removal.
The resolution, likely to be taken up as Parliament begins the second phase of the Budget session on Monday, was moved by the opposition alleging that Birla acted in a “blatantly partisan” manner.
Constitution expert P D T Achary explained that while Birla will not chair the proceedings, he will be seated in the prominent rows on the Treasury benches and has the right to defend himself.
“The speaker has a constitutional right to defend himself in the House if the resolution is discussed in the Lok Sabha,” he said. Birla will also be able to vote against the resolution, though not through the automated system—he will need to submit a slip to register his vote.
At least 118 opposition members submitted the notice, citing Birla’s refusal to allow Leader of Opposition Rahul Gandhi and other opposition leaders to speak on the Motion of Thanks to the President’s address, as well as his suspension of eight MPs.
The notice, submitted by Congress member and chief whip K Suresh on behalf of several parties including the Samajwadi Party and DMK, did not include TMC MPs.
Achary, a former Lok Sabha secretary general, said, “The allocation of the seat, which the Speaker occupies under such circumstances, is not mentioned in the Rules.” He suggested that a seat belonging to a Union minister from the Rajya Sabha could be assigned to Birla, as only Lok Sabha members will vote on the resolution.
According to Article 96 of the Constitution, a Speaker cannot preside over a sitting of the House while a resolution for their removal is under consideration. A minimum of two members must sign the notice, though any number can join.
The Speaker can be removed by a resolution passed through a simple majority, with all members counted to compute the majority, not just those present and voting, Achary noted.
The notice is submitted to the Lok Sabha secretary general, who examines it at the preliminary stage for specific charges.
“At the threshold itself, there is a process of admissibility. Specific charges are required as only then the speaker will be able to respond,” Achary explained.
The resolution must avoid defamatory language. While the deputy speaker usually examines the proposed language, the present Lok Sabha does not have one, so it may fall to the senior-most member of the panel of chairpersons.
Achary commented, “The speaker examining a resolution that seeks his removal looks absurd, but the rule is silent on the subject.”
Once processed, the resolution reaches the House, where it can be considered after 14 days. The Chair then asks members in favor to stand; if at least 50 support it, the House grants permission. The discussion must be concluded within 10 days. Lok Sabha sources said the resolution is likely to be discussed on Monday itself.
Precedents exist—Speakers G V Mavlankar (1954), Hukam Singh (1966), and Balram Jakhar (1987) faced no-confidence motions, none of which were adopted, largely due to government majorities. The current resolution alleges that Birla “acted in a blatantly partisan manner in conducting the business of the House and abused the constitutional office he occupies,” and also accuses him of making false allegations against Congress members.
PTI