Congress plans motion against Speaker for ‘bias’

Subject : Polity

Section: Parliament

Concept :

A section of Congress MPs, at a meeting held on Monday, mulled over moving a resolution against the Speaker for being “unfair” to the Opposition, sources said.
However, the sources said that a decision on the no confidence motion against the Speaker would be taken only after consulting all Opposition parties and if they are in agreement.

Removal of Speaker:

Usually, the Speaker remains in office during the life of the Lok Sabha. However, under following conditions, the speaker, may have to vacate the office earlier:
If he ceases to be a member of the Lok Sabha.
If he resigns by writing to the Deputy Speaker
If he is removed by a resolution passed by Lok Sabha.
Such a resolution can be moved only after giving 14 days’ advance notice.
It also needs the signature of at least 50 MPs.
When a resolution for the removal of the Speaker is under consideration of the House, he/she may be present at the sitting but not preside.

Removal from office

Speaker can be removed by the Lok Sabha by a resolution passed by an effective majority (>50% of total strength excluding vacancies) of the house as per Articles 94 (vacation) and 96 (resolution for removal).
Speaker is also removed on getting disqualified for being Lok Sabha member under sections 7 and 8 of Representation of the People Act, 1951.
This would arise out of speaker’s wrong certification of a bill as money bill inconsistent with the definition given in Articles 110 of the constitution.
When courts uphold the unconstitutional act of the speaker for wrong certification of a bill as money bill, it amounts to disrespecting the constitution deserving conviction under Prevention of Insults to National Honour Act, 1971.
It is applicable for disqualification of speaker’s Lok Sabha membership under section 8K of Representation of the People Act, 1951.
However the omissions in the procedure committed by the speaker in the Lok Sabha can not be challenged in court of law per Article 122.