Actual Article
Article 94: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
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;
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.
UPSC Notes for Article 94
Explanation:
- Vacating Office: The Speaker or Deputy Speaker must vacate their office if they cease to be a member of the Lok Sabha.
- Resignation: The Speaker or Deputy Speaker can resign by writing to the other— the Speaker to the Deputy Speaker, and the Deputy Speaker to the Speaker.
- Removal: They can be removed from office by a resolution passed by a majority of the Lok Sabha members, provided that at least 14 days’ notice is given before moving such a resolution.
Key Points:
- Membership Requirement: The Speaker and Deputy Speaker must be members of the Lok Sabha. If they cease to be members, they automatically vacate their offices.
- Formal Resignation Process: A formal procedure for resignation ensures clarity and proper communication within the House.
- Democratic Removal Process: The provision for removal by a majority vote with a 14-day notice period ensures that the process is democratic and provides time for deliberation.
Important Cases and Commissions Related to Article 94
Cases:
- Nabam Rebia and Bamang Felix vs. Deputy Speaker (2016): The Supreme Court discussed the powers and removal of the Speaker and Deputy Speaker, highlighting the importance of following proper procedures.
- Kihoto Hollohan vs. Zachillhu (1992): While primarily dealing with the anti-defection law, this case emphasized the Speaker’s role and the importance of their impartiality and removal procedures.
Commissions:
- Sarkaria Commission: Analyzed Centre-State relations and discussed the roles and responsibilities of legislative officeholders, including the removal procedures for the Speaker and Deputy Speaker.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested improvements in the functioning of parliamentary offices, including provisions for the vacation, resignation, and removal of the Speaker and Deputy Speaker.
Previous Year Prelims Questions Related to Article 94
- (UPSC Prelims 2015) Which of the following statements regarding the Speaker of the Lok Sabha is correct?
- A. The Speaker can be removed by the President.
- B. The Speaker can be removed by a resolution passed by a majority of all the then members of the Lok Sabha.
- C. The Speaker can be removed by the Prime Minister.
- D. The Speaker can be removed by the Chief Justice of India. Correct Answer: B. The Speaker can be removed by a resolution passed by a majority of all the then members of the Lok Sabha
- (UPSC Prelims 2018) The Speaker or Deputy Speaker of the Lok Sabha can resign from their office by writing to:
- A. The President
- B. The Prime Minister
- C. The other— the Speaker to the Deputy Speaker, and the Deputy Speaker to the Speaker
- D. The Chief Justice of India Correct Answer: C. The other— the Speaker to the Deputy Speaker, and the Deputy Speaker to the Speaker
Previous Year Mains Questions Related to Article 94
- Mains 2017: “Discuss the significance of the provisions for the vacation, resignation, and removal of the Speaker and Deputy Speaker of the Lok Sabha as per Article 94. How do these provisions ensure accountability and integrity in parliamentary proceedings?”
- Mains 2019: “Analyze the role of the Speaker and Deputy Speaker in the Lok Sabha and the importance of the procedures for their removal. How does Article 94 contribute to maintaining democratic principles within the House?”
Additional Insights:
- Ensuring Accountability: Article 94 provides mechanisms to ensure that the Speaker and Deputy Speaker are accountable to the members of the Lok Sabha, maintaining the integrity of their offices.
- Democratic Processes: The provision for removal by a majority vote reflects democratic principles, ensuring that the decision to remove a presiding officer is taken collectively by the House.
- Stability and Continuity: The formal processes for resignation and removal help maintain stability and continuity in the functioning of the Lok Sabha, ensuring that there is always a presiding officer to conduct the business of the House.
Understanding Article 94 is crucial for UPSC aspirants as it provides insights into the mechanisms for maintaining accountability and integrity in the offices of the Speaker and Deputy Speaker of the Lok Sabha. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the democratic processes within India’s parliamentary system.