LS to debate resolution on removal of Om Birla as Speaker on Monday. Pg1

Key Highlights:

• Motion for Removal: A resolution signed by 118 Lok Sabha MPs has been listed in the House agenda for March 9, seeking the removal of Speaker Om Birla from his office.
• Whips Issued: Both the ruling BJP and the primary opposition Congress have issued mandatory whips to their MPs to be present in the House from March 9 to 11.
• Procedural Transition: While the resolution is debated, Om Birla is permitted to sit in the House and even vote (except in the case of a tie), but he cannot preside over the session.
• Opposition Divide: While most major opposition parties signed the resolution, the Trinamool Congress (TMC) abstained, arguing for a more gradual escalation of the issue.

Detailed Insights:

• Chairmanship During Debate: In the absence of the Speaker from the chair, senior BJP MP Jagdambika Pal, the most senior member of the panel of chairpersons, is expected to preside over the proceedings.
• Constitutional Framework: Under Article 94 of the Constitution, a Speaker can be removed by a resolution passed by a majority of all the then members of the Lok Sabha. A 14-day notice period is a mandatory prerequisite for moving such a resolution.
• Rights of the Speaker: During the debate, the Speaker has the right to speak and otherwise take part in the proceedings. However, per the rules of the House, they do not have a "casting vote" (the deciding vote in a tie) while the resolution for their own removal is being considered.
• The "Step-by-Step" Critique: The TMC's refusal to sign highlights a tactical rift within the INDIA bloc, with the party suggesting that the Speaker should have been given a more formal opportunity to defend his conduct before resorting to a removal motion.

Article 94

Key Concepts Involved:

• Whip: A directive issued by a political party to its members in a legislature to ensure they vote according to the party line or are present for a critical vote.
• Panel of Chairpersons: A group of members nominated by the Speaker to preside over the House in the absence of both the Speaker and the Deputy Speaker.
• Article 94 of the Indian Constitution: Specifies the conditions under which the Speaker or Deputy Speaker shall vacate their office, resign, or be removed.
• Substantive Motion: A self-contained independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House (e.g., the removal of the Speaker).