Part V: The Union
Chapter I: The Executive
The Parliament
Article 94: Vacation, Resignation, and Removal of Speaker and Deputy Speaker
--- Original Article ---
A member holding office as Speaker or Deputy Speaker of the House of the People—
- (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, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, 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:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:
Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.
Explanation
Article 94 of the Constitution of India outlines the conditions and procedures governing the vacation, resignation, and removal of the Speaker and Deputy Speaker of the Lok Sabha. These leadership positions are essential for the smooth functioning of the lower house of Parliament, ensuring impartiality and order during legislative proceedings.
Key Provisions
Clause (a): Vacation of Office if Membership Ends: The Speaker or Deputy Speaker must vacate their office if they cease to be a member of the Lok Sabha.
Examples: In 2019, **Sumitra Mahajan**, the former Speaker of the Lok Sabha, vacated her office when her term as an elected representative ended, following the dissolution of the 16th Lok Sabha. The position of Speaker was then taken up by **Om Birla** after the election of the 17th Lok Sabha.
Clause (b): Resignation of Office: They may resign by submitting a written resignation to the appropriate counterpart.
Examples: In 2002, **G.M.C. Balayogi**, who was serving as Speaker of the Lok Sabha, tragically passed away in a helicopter crash. In the interim period, **P.M. Sayeed** was elected as Deputy Speaker and served as Acting Speaker until a new Speaker was elected, showcasing the seamless transition facilitated by the resignation and election process.
Clause (c): Removal by Resolution: The House may remove the Speaker or Deputy Speaker by a resolution passed by a majority, with at least fourteen days’ notice provided.
Examples: Although there has been no instance of a Speaker’s removal in the history of independent India, this clause is a critical constitutional safeguard to hold parliamentary leadership accountable.
Amendments and Real-Life Examples
- Real-Life Example: In 2019, Speaker Sumitra Mahajan vacated her office following the dissolution of the 16th Lok Sabha, with Om Birla taking up the role in the 17th Lok Sabha.
- Real-Life Example: In 2002, after the sudden death of Speaker G.M.C. Balayogi, Deputy Speaker P.M. Sayeed served as Acting Speaker, showing the importance of smooth transitions facilitated by the resignation process.
Historical Significance
The role of the Speaker and Deputy Speaker is rooted in British parliamentary traditions, emphasizing neutrality and independence. These roles, critical in ensuring the integrity of parliamentary proceedings, have evolved within India's democratic framework.
Legislative History
Article 94 was officially incorporated into the Constitution on May 19, 1949, having been originally drafted as Article 77.
Debates and Deliberations
During the Constituent Assembly debate on Article 94 (Draft Article 77), Shri H.V. Kamath proposed an amendment to have the Speaker of the House of the People submit their resignation to the President instead of the Deputy Speaker. He argued that it was more appropriate and respectful for the Speaker to address their resignation to the President, as the Deputy Speaker holds a subordinate position. Kamath believed this change would uphold decorum and propriety in procedural matters.
Prof. Saksena opposed Mr. Kamath's amendment, arguing that the Speaker and Deputy Speaker should be independent of the Executive. He contended that having the Speaker's resignation sent to the President undermined this independence, as the President represented the Executive. He urged maintaining the practice of submitting resignations to the Deputy Speaker to preserve the independence of the legislative body.
Mr. Husain supported Mr. Kamath's amendment, suggesting that the Speaker's resignation should be sent to the President rather than to a subordinate like the Deputy Speaker. He argued that this approach maintained the dignity of the House, as the President, being the head of the House of the People, was a higher authority than the Deputy Speaker.
Dr. Ambedkar rejected Mr. Kamath's amendment, emphasizing the principle that resignations should be tendered to the appointing authority, which in this case was the House. He explained that the Speaker and Deputy Speaker, elected by the House, should resign to the House, represented by the Speaker or Deputy Speaker, rather than the President, who was not involved in their appointment. This ensured the House remained independent from the Executive.
Dr. Ambedkar further clarified that under the Government of India Act, the Assembly and the Speaker were appointed by the Governor-General, hence the Speaker's resignation was addressed to the Governor-General. He stressed that the new provision sought to eliminate such dependence on the Executive, ensuring the President's role remained separate.
Following Dr. Ambedkar’s explanation, Mr. Kamath’s amendment was withdrawn with the Assembly's consent, and the original draft was integrated into the Indian Constitution.
Frequently Asked Questions (FAQs):
The Speaker can be removed by a resolution passed by a majority of all the members of the Lok Sabha, provided that at least fourteen days’ notice is given before moving the resolution.