No-confidence motion against West Bengal Speaker Biman Banerjee

No-confidence motion against West Bengal Speaker Biman Banerjee

Subject: Polity

Sec: Legislature

Context:

West Bengal BJP MLAs moved a no-confidence motion against Assembly Speaker Biman Banerjee. Their letter addressed to the Principal Secretary stated, “this House regretfully disapproves of the conduct of Shri Biman Banerjee and resolves that he be removed from the office.”

More on News:

• The no-confidence motion said the Speaker was “arbitrarily disallowing all types of adjournment motions intending to discuss issues of public importance and problems concerning the people of the State.”

No confidence motion:

• In a parliamentary democracy, a government can be in power only if it commands a majority in the directly elected House.
• It is a parliamentary process that allows the opposition to challenge the government’s majority.
• If the no-confidence motion is passed in the Parliament, then the government must resign.
• Article 75(3) of our Constitution embodies this rule by specifying that the Council of Ministers are collectively responsible to the Lok Sabha.
• For testing this collective responsibility, the rules of Lok Sabha provide a particular mechanism – a motion of no-confidence.
• A no confidence motion can only be moved in the Lok Sabha.

Procedure for passing a NCM:

• Support – Any Lok Sabha MP who can garner the support of 50 colleagues can introduce a motion of no-confidence against the Council of Ministers.
• It is moved in writing and must be signed by the member moving it, the motion is submitted to the Speaker of Lok Sabha on any day on which the House is sitting.
• Power of Speaker – He will decide whether to admit the motion for discussion and debate.
• If the motion is admitted, the Speaker will decide on the date and time for discussion.
• Date – This date for discussion should be within 10 days from the date the motion was accepted in the House.
• Time for discussion – The Speaker may grant time for discussion of the motion under Rule 198 of Lok Sabha.
• Debate – The motion will be debated in the Lok Sabha and it will be moved by the member who submitted it.
• Government will respond to the motion, the opposition parties will then have the opportunity to speak on the motion.
• Vote – After the debate, the Lok Sabha will vote on the NCM, it will be passed if it is supported by the majority of the members of the House.
• If NCM is passed –The Government must resign.
• If Government wins the vote – The motion is defeated and the Government remains. 

History of no confidence motion (NCM):

• Since Independence 27 NCMs have been moved in the Lok Sabha.
• First NCM – It was during the 3^rdLok Sabha in 1963 that the first motion of no confidence was moved by Acharya J B Kripalani against the government headed by Prime Minister Jawaharlal Nehru.

Highest number of instances:

• Indira Gandhi- Faced NCMs 15 times.
• Lal Bahadur Shasthri- Faced 3 times.
• PV Narashima Rao- Faced three times.
• In 1979, Prime Minister Morarji Desai realised that he did not have the support of the majority of MPs, and therefore resigned before the House voted on the motion.
• Governments fallen due to NCM
• V P Singh government in 1990
• H D Deve Gowda government in 1997
• Atal Bihari Vajpayee government in 1999
• Most recent NCM was moved in 2018 by Telugu Desam Party against the National Democratic Alliance (NDA) government.