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Congress sees notice against Om Birla as 'strong message'

March 07, 2026 5 min read Polity & Governance GS2 (Indian Polity Parliament Constitutional Provisions)
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What Happened

  • At least 118 opposition Members of Parliament submitted a formal notice to move a resolution for the removal of Lok Sabha Speaker Om Birla, citing allegations of partisan conduct in presiding over House proceedings during the Budget Session 2026.
  • Congress described the notice as a "strong message" to the Speaker and the ruling establishment, framing it as an assertion of parliamentary democracy and the rights of the opposition.
  • The Trinamool Congress (TMC), which had initially declined to sign the joint opposition notice submitted in February 2026, subsequently announced it would support the no-confidence motion — significantly boosting the numerical weight behind the resolution and creating the perception of a vertically divided Lok Sabha.
  • The Lok Sabha listed the removal resolution as the primary business for March 9, 2026; both the BJP and Congress issued three-line whips to their MPs, directing full attendance between March 9 and 11.
  • The Speaker Om Birla, per constitutional norms, is not entitled to preside over the proceedings when the motion for his removal is being discussed.

Static Topic Bridges

Constitutional Provisions for Removal of Lok Sabha Speaker — Article 94

The Speaker and Deputy Speaker of the Lok Sabha are constitutional office-holders elected by the House under Article 93. Their removal is governed by Article 94(c), which requires a resolution passed by a majority of all the then members of the Lok Sabha — a more demanding threshold than a simple majority of members present and voting. This high bar is designed to protect the Speaker's independence.

  • Article 93: Speaker and Deputy Speaker elected by Lok Sabha
  • Article 94: Vacation, resignation, or removal of Speaker/Deputy Speaker
  • Article 94(c): Removal requires a resolution passed by a majority of all then members of the House (i.e., more than 50% of total membership of 543)
  • Procedural requirement: A notice for removal must be given at least 14 days in advance; the notice must be signed by members and submitted to the Secretary-General of Lok Sabha
  • Speaker's role during removal motion: The Speaker may not preside over proceedings while the removal resolution is being considered; the Deputy Speaker (or another member nominated by the House) presides
  • Speaker's right to vote: The Speaker retains the right to vote as a Member in the first instance during the removal resolution, but cannot exercise a casting vote in case of a tie

Connection to this news: The opposition notice triggers the formal constitutional process under Article 94(c); with 118 signatories (considerably fewer than the 272 required for a majority in a 543-member House), passage of the motion is numerically unlikely — but the constitutional signalling and political messaging are significant.

Office of the Speaker — Role, Powers, and Conventions

The Speaker is the constitutional head of the Lok Sabha and the guardian of its proceedings, dignity, and privileges. The office draws its authority from the Constitution (Articles 93-100), the Rules of Procedure and Conduct of Business in Lok Sabha, and constitutional conventions developed over decades of parliamentary practice.

  • Article 100: The Speaker has a casting vote in case of a tie; does not vote in the first instance (unlike ordinary members who have one vote)
  • Speaker's powers: Presides over proceedings, certifies Money Bills (Article 110), decides questions of disqualification of MPs under the Tenth Schedule (Anti-Defection Law — Article 102 read with Tenth Schedule)
  • Anti-Defection Law: Speaker's decisions on disqualification of defecting MPs are final (subject to judicial review); this power has attracted controversy as Speakers have been accused of partisan delay in deciding petitions against ruling party members
  • Convention of political neutrality: UK parliamentary tradition of Speakers resigning party membership upon election; India does not formally require this — Speaker remains a party member, creating perception of bias
  • Deputy Speaker: Elected under Article 93; presides when Speaker is absent; convention to elect Deputy from opposition (not always followed)

Connection to this news: Opposition allegations that Speaker Birla acted in a "blatantly partisan" manner — restricting Leader of Opposition Rahul Gandhi's speaking time and suspending eight MPs — relate directly to concerns about the convention of Speaker's neutrality, which is not legally enforceable but is constitutionally expected.

Comparison with Removal of Rajya Sabha Chairman (Vice President)

While the Lok Sabha Speaker's removal is governed by Article 94(c), the Chairman of the Rajya Sabha — who is the Vice President of India ex-officio — is removed under a different constitutional provision.

  • Rajya Sabha Chairman: Vice President (Article 89); elected by both Houses under Article 66
  • Removal of Vice President: Article 67(b) — resolution passed by a majority of all members of Rajya Sabha and agreed to by the Lok Sabha; 14-day advance notice required
  • Key difference: Speaker removal is a Lok Sabha-only process; VP/RS Chairman removal requires RS majority + LS concurrence
  • Rajya Sabha Deputy Chairman: Elected by RS under Article 89(2); removal process governed by Article 90(c) — similar to Speaker (majority of all RS members, 14 days notice)
  • Only instance of Speaker removal motion reaching a vote: The 1954 motion against Speaker G.V. Mavalankar — it failed

Connection to this news: Contrasting Articles 94(c) and 67(b) is a standard Prelims question; this episode makes the distinction practically relevant. The Lok Sabha process is internal to the House; the VP's removal involves both Houses.

Key Facts & Data

  • 118 opposition MPs signed the removal notice against Speaker Om Birla
  • 272 votes needed: Majority of all 543 Lok Sabha members required for removal under Article 94(c)
  • 14 days: Mandatory advance notice period for a Speaker removal motion
  • TMC support: Announced backing for the motion on March 7, 2026 (TMC has ~29 seats in Lok Sabha)
  • Three-line whip: Both BJP and Congress issued full attendance directives for March 9-11
  • Article 93: Speaker and Deputy Speaker election; Article 94(c): Removal; Article 100: Casting vote
  • Speaker cannot preside while removal motion is discussed
  • Speaker retains right to vote as member in first instance during removal resolution
  • Article 67(b): Vice President (Rajya Sabha Chairman) removal — RS majority + LS concurrence
  • Historical precedent: Speaker removal motion against G.V. Mavalankar (1954) — the only instance reaching a vote; it failed