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Saturday, November 5, 2011

Q. How are the Speaker and the Dy. Speaker of the Lok Sabha removed from their offices?

Ans. The Speaker or the Dy. Speaker of the Lok Sabha is not removed from his office like the removal of the President through the process of impeachment. The Council of States does not have any role in the removal of the Speaker or Dy. Speaker of the Lok Sabha. This power rests with the Lok Sabha only. According to the provisions of Article 94 a member holding office as Speaker or Dy. Speaker of the Lok Sabha—
(a) shall vacate his office if he ceases to be a member of the house of the people;
(b) may at any time. by writing under his hand addressed, if such member is the Speaker, t the Dy. Speaker and if such member is Dy. Speaker. to the Speakers resign his office; and  (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House. No resolution for the purpose of removal of the Speaker or the Dy. Speaker, shall be moved unless at-least fourteen days’ notice has been given of the intention to move the resolution.
The procedure applied in the removal of the Speaker or the Dy. Speaker is mentioned in Rules 200. 201, 202 and 203 of the procedure of the Lok Sabha. The main points of this procedure are—
(1) The fourteen days prior notice is to be given, in writing, to the Secretary General of the Lok Sabha by a member who desires to move the resolution for such removal.
(2) The resolution for the removal of the Speaker or the Dy. Speaker should be explicit and clearly worded. This will not include defamatory and satarical references.
According to Article 96, while any resolution for the removal of’ the Speaker from his office is under consideration in the Lok Sabha, the Speaker shall not preside over such a meeting of the House. Similarly, when the resolution for the removal of the Dy. Speaker is under consideration in a meeting of the House, the Dy. Speaker shall not preside over such meeting.
According to Rule 201 of the procedure of the Lok Sabha. the member, in whose name such resolution is listed, shall introduce the resolution, when called upon to do so by the presiding officer. However, the member is not allowed to make a speech at this stage. The presiding officer of the House shall present the resolution before the members of the
house and those members supporting the resolution stand up in their place to indicate the support. If not less than fifty members of the House support the resolution, it is granted the leave of the House and thus admitted for the consideration of the House. The resolution shall be considered on any day within the period of 10 days from the dare on which it is admitted. If less than fifty members support the resolution. the leave of s the House is not granted and the resolution shall not he admitted. As per the Rule 222 of the Lok Sabha procedure, the discussion on the resolution shall take place on the fixed day but such discussion shall be confined to the allegations and charges mentioned in the resolution. Any member with the permission of the Chair can make speech on the resolution, which should not exceed 15 minutes until permitted by the Chair.
According to Article 96(2) of the Constitution, the Speaker shall have right to speak in and otherwise to take part in the proceedings of the House, while any resolution for his removal from office is under consideration in the House but shall not be entitled to give a casting vote. However, he shall be entitled to vote in the first instance on such resolution. ‘the presiding officer of the House in such meeting shall not vote in the first instance but shall be entitled to vote in case of equality of votes.

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