Congress plans motion against Speaker for ‘bias’
- March 29, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
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.