Can a Lok Sabha speaker be ‘impeached’? What does Constitution say about the process?

Budget Session: The Opposition has moved a resolution to remove Lok Sabha Speaker Om Birla from office for disallowing Leader of Opposition Rahul Gandhi from speaking in the House on the Motion of Thanks to the President's address.

The resolution is being moved under Article 94-C of the Constitution, according to sources quoted by news agencies.

The leaders alleged in the notice that Birla has been conducting the business of the Lok Sabha in a “blatantly partisan manner.” They accused him of not allowing the Leader of the Opposition (LoP) in Lok Sabha, Rahul Gandhi, to speak in the House, for failing to initiate action against BJP MP Nishikant Dubey, and for making unsubstantiated charges against women MPs of the Congress.

A decision to move the resolution was taken at a meeting of Opposition leaders held in the chamber of Congress president Mallikarjun Kharge on Monday morning.

“We, the undersigned, hereby give notice of a resolution for the removal of Shri Om Birla from the office of Speaker Lok Sabha, in terms of the provisions of Article 94(c) of the Constitution of India, because of the blatantly partisan manner in which he has been conducting the business of the Lok Sabha,” the Opposition's motion read.

Can a LS speaker be impeached?

Can a Speaker of the Lok Sabha be ‘impeached’? Technically, there is no provision for ‘impeachment’ of the Lok Sabha speaker. The Constitution, however, provides for the ’removal' of the Speaker by a resolution of the House under Article 94(C). This is different from impeachment proceedings applicable to constitutional authorities such as the President or judges of the higher judiciary.

In August 2024, Opposition parties in INDIA moved a notice to move an impeachment resolution to remove Vice President Jagdeep Dhankhar over his ‘conduct’ as the chairman of the Rajya Sabha. The motion was rejected on technical grounds.

The Rajya Sabha Chairperson (Vice-President of India) is removed via a specialised resolution under Article 67(b) of the Indian Constitution, not a formal impeachment. The process requires a 14-day advance notice, followed by a resolution passed by an effective majority in the Rajya Sabha and agreed to by the Lok Sabha.

In case of Lok Sabha Speaker, as mentioned in Article 94, the Speaker vacates office if he or she is removed by a resolution of the Lok Sabha passed by a majority of all the then members of the House.

A statutory resolution in this regard has to be moved in the Lok Sabha soon. The resolution requires the signatures of 100 MPs in the Lok Sabha.

If the resolution is adopted, the Speaker is removed from office with immediate effect. The House then elects a new Speaker. If the motion fails, the Speaker continues in office.

Has a Lok Sabha speaker been removed in India ever?

No Lok Sabha Speaker has ever been removed. The opposition moves such a motion primarily for optics. Basically, the idea is to place on record the allegations of bias against the Speaker.

(With agency inputs)