Article 94 of the Indian Constitution lays down the provisions governing how the offices of the Speaker and the Deputy Speaker of the Lok Sabha (House of the People) can become vacant. It specifies the grounds for vacation, the procedure for resignation, and the method for removal from these crucial presiding offices of the lower house of Parliament.
Understanding Article 94 is essential for comprehending the functioning and stability of the Lok Sabha’s leadership. It ensures clarity on how these key roles transition, whether voluntarily, automatically, or through a formal parliamentary process.
Original Text
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; and
(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:
Provided further that, whenever the House is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House after the dissolution.
Note: The text provided here reflects the original drafting and subsequent amendments. The second proviso regarding dissolution was inserted by the Constitution (Eleventh Amendment) Act, 1961.
Detailed Explanation
Article 94 outlines three specific circumstances under which a person holding the office of Speaker or Deputy Speaker of the Lok Sabha ceases to hold that office:
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Ceasing to be a Member of the House (Clause a): The primary condition for holding the office of Speaker or Deputy Speaker is that the person must be a member of the Lok Sabha. If for any reason (e.g., disqualification, death, resignation from membership) the person ceases to be a member of the House, they automatically vacate the office of Speaker or Deputy Speaker. This emphasizes that the presiding officers derive their authority and position from their membership in the House.
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Resignation (Clause b): The Speaker or Deputy Speaker has the option to resign from their office at any time. The resignation must be in writing. A crucial procedural point is that the Speaker addresses their resignation letter to the Deputy Speaker, and the Deputy Speaker addresses their resignation letter to the Speaker. This ensures continuity and an appropriate recipient within the House leadership.
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Removal by Resolution (Clause c): This clause provides the mechanism for the House to remove the Speaker or Deputy Speaker. Removal is effected by a resolution of the House of the People. The required majority for such a resolution is significant: a “majority of all the then members of the House.” This is known as an effective majority, meaning more than half of the actual strength of the House at that time (total seats minus vacant seats), not just a majority of members present and voting. This high threshold is intended to make the removal of the presiding officer a serious matter requiring broad consensus.
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First Proviso to Clause (c): Before a resolution for removal under clause (c) can be moved in the House, a prior notice period is mandated. At least fourteen days’ notice must be given of the intention to move such a resolution. This notice period allows time for deliberation and prevents sudden, impulsive attempts at removal.
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Second Proviso to Clause (c): This proviso deals with the situation when the Lok Sabha is dissolved. Normally, dissolution ends the term of the House and its members. However, this proviso specifically states that the Speaker does not vacate their office immediately upon the dissolution of the House. The Speaker continues in office until “immediately before the first meeting of the House after the dissolution.” This ensures that the office of the Speaker is never left vacant, providing continuity in the administrative and ceremonial functions associated with the office during the transition period between the dissolved House and the newly constituted House. The Deputy Speaker, however, vacates office upon dissolution if they cease to be a member of the new House.
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Detailed Notes
- Article 94 deals with the conditions under which the office of Speaker or Deputy Speaker of the Lok Sabha becomes vacant.
- There are three main ways specified:
- Ceasing to be a member of the House.
- Resignation.
- Removal by resolution.
- Clause (a): Vacation upon ceasing to be a member:
- A person must be a member of the Lok Sabha to hold the office of Speaker or Deputy Speaker.
- If they lose their membership for any reason (e.g., disqualification, death, resigning membership), they automatically lose the office of Speaker/Deputy Speaker.
- Clause (b): Resignation:
- The Speaker can resign by writing to the Deputy Speaker.
- The Deputy Speaker can resign by writing to the Speaker.
- Resignation is voluntary.
- Clause (c): Removal by Resolution:
- Requires a resolution passed by the House of the People.
- Must be passed by a “majority of all the then members of the House” (effective majority).
- Effective majority = More than 50% of the current strength of the House (excluding vacant seats). This is a higher standard than a simple majority of members present and voting.
- First Proviso to Clause (c):
- A resolution for removal cannot be moved unless 14 days’ notice has been given.
- This provides a cooling-off period and allows time for consideration.
- Second Proviso to Clause (c):
- Applies specifically to the Speaker during the dissolution of the Lok Sabha.
- The Speaker does not vacate office upon dissolution.
- The Speaker continues in office until just before the first sitting of the newly constituted House after the general election.
- This ensures continuity in the office of Speaker.
- The Deputy Speaker does not have this specific protection during dissolution; their tenure is tied to their membership in the dissolved House.
Additional Comments
- Article 93 provides for the election of the Speaker and Deputy Speaker. Articles 94 and 96 are related to their tenure and functions during removal proceedings.
- Article 96(1) states that when a resolution for the removal of the Speaker or the Deputy Speaker is under consideration, the Speaker (or Deputy Speaker, as the case may be) shall not preside at the meeting of the House, although he is present.
- Article 96(2) clarifies that the Speaker (or Deputy Speaker) whose removal resolution is being discussed has the right to speak in, and otherwise take part in the proceedings of, the House while the resolution is under consideration. They also have the right to vote on such a resolution, but crucially, not in the case of an equality of votes (as they would if presiding).
- The effective majority requirement for removal (majority of all the then members) is a significant safeguard to protect the independence and dignity of the presiding officer.
- The provision allowing the Speaker to continue in office until the first meeting of the new House after dissolution (Second Proviso) is unique and emphasizes the administrative continuity expected from the office, beyond just presiding over sessions.
- The Deputy Speaker vacates office upon dissolution as their continuity is not deemed essential for the administrative bridge function performed by the Speaker.
Summary
Article 94 of the Indian Constitution outlines the conditions under which the offices of Speaker and Deputy Speaker of the Lok Sabha become vacant. These conditions include the holder ceasing to be a member of the House, voluntary resignation by writing to the other presiding officer, or removal by a resolution of the House passed by an effective majority of all its then members. The article mandates a fourteen-day prior notice for a removal resolution. A significant provision is that the Speaker continues in office even after the dissolution of the House until the first meeting of the newly constituted House, ensuring continuity.