Article 94 Of The Indian Constitution

article 94 of indian constitution

The vacation, resignation, and removal from the positions of Speaker and Deputy Speaker are all addressed under Article 94 of the Indian Constitution.

This article will give you a fruitful insight to learn about on what grounds these two posts become vacant.

Article 94 Of The Indian Constitution

Article 94 of the constitution states that a member serving as the Speaker or Deputy Speaker of the House of People—

  • (a) shall relinquish his position if he is no longer a member of the Lok Sabha;
  • (b) may quit his position at any time by writing under his hand addressed to the Deputy Speaker if he is the Speaker, and to the Speaker, if he is the Deputy Speaker; and
  • (c) may have his position terminated by a House of the People resolution approved by a majority of the House’s members at the time:

With the caveat that no resolution may be moved for the objectives of clause (c) until at least fourteen days’ notice of the intention to move the resolution has been given:

Furthermore, in the event that the Lok Sabha is dissolved, the Speaker must remain in office until the start of the first meeting of the Lower House of Parliament following the dissolution.

To learn about the Powers And Functions Of Lok Sabha and Rajya Sabha, check out the linked article.

When Deputy Speaker Can Vacate Office

The Deputy Speaker may leave their position earlier in any of the following three scenarios: 

  1. If he is no longer a Lok Sabha member
  2. If he resigns by writing a letter of resignation to the Speaker,
  3. If a resolution to remove him from office was approved by a majority of the Lok Sabha’s members at the time.

Note: The deputy speaker should be notified 14 days in advance of the introduction of such a resolution.

Tenure In Office: Speaker

When the Lok Sabha is dissolved, the Speaker doesn’t leave immediately; instead, they stay in office until the first session of the newly elected Lok Sabha. 

The Speaker remains in office even though he or she is no longer a member of the Lok Sabha once it is dissolved.

Any of the following three events would cause the Lok Sabha Speaker to step down from his position:

  1. If he or she is no longer a member of the Lok Sabha;
  2. if a Lok Sabha resolution to have him or her removed from office is approved.
  3. If he or she resigns by writing a letter to the Deputy Speaker.

Can The Speaker Of The Lok Sabha Be Removed?

For the Speaker’s removal from office, the following criteria should be met:

  1. The Speaker can be ousted if a resolution is passed by an absolute majority of all Lok Sabha members, rather than an ordinary majority.
  2. Additionally, it is required to notify the speaker of the desire to move the resolution at least 14 days in advance.
  3. Only after the motion for removal obtains the backing of at least 50 House members will it be taken into consideration and addressed.
  4. The Speaker may speak and participate in the procedures of the House while a resolution to remove the Speaker is being discussed by the House, but he or she cannot preside over the meeting.
  5. Additionally, he or she may cast a vote in the first round, but not in the event of a tie.

Additional Information: The resolution must contain specific accusations and must not make any defamatory claims or use ironic language. 

Additionally, only the allegations mentioned in the resolution should be the subject of discussion.

For preparation for competitive exams, one can check out the following linked articles:

Article 93 Of The Indian ConstitutionArticle 91 Of The Indian Constitution
Article 98 Of The Indian ConstitutionArticle 105 Of The Indian Constitution

Conclusion

As part of our Indian Constitution’s framework for government, the Speaker and Deputy Speaker of Lok Sabha offices play a crucial role. Therefore, it contributes significantly to the UPSC Exam.

Candidates studying for the UPSC Exam should make it a point to review the key information on the Lok Sabha Speaker and Deputy speaker.

You should also consult quality UPSC books to strengthen your understanding of the subject. To get your fundamentals down, you should also consult NCERT books.

FAQs

Can The Speaker Remain In Office After The Lok Sabha Is Dissolved?

When the House of the People is dissolved, the Speaker is not required to leave his position prior to the first meeting of the House of the People, as stated in Article 94 of the Indian Constitution. Until a new Speaker is chosen, the current Speaker remains in office.

If the Speaker of the State Legislative Assembly decides to resign, he should submit his resignation to which authority? (UPSC 1989)

Speaker should submit his resignation to Deputy Speaker in his handwriting as per article 94.

 What Article 94 Is All About?

Article 94 of the Indian Constitution addresses provisions for vacation, resignation, and removal for the offices of Speaker and Deputy Speaker.

Name The First Female Speaker Of the Lower House Of Parliament.

Meira Kumar is the first woman speaker of the House of People.

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