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'Injustice has been done to Opposition': IUML MP to back no-confidence motion against LS Speaker Om Birla


What Happened

  • Opposition parties, including the Indian Union Muslim League (IUML), announced support for a no-confidence motion against Lok Sabha Speaker Om Birla at the start of the second part of the Budget Session.
  • IUML MP ET Mohammed Basheer declared that the Opposition had been done injustice and that the motion would be taken "very seriously."
  • The motion was triggered by Opposition grievances over denial of debate opportunities, handling of disruptions, and alleged partisan conduct by the Speaker during the Budget Session.
  • The no-confidence motion against the Speaker was listed as the first agenda item for the session, marking only the fourth time in independent India's history such a motion has been moved.

Static Topic Bridges

Constitutional Provisions for Removal of Lok Sabha Speaker (Article 94)

The Lok Sabha Speaker can be removed from office only by a resolution passed by an effective majority of all the then members of the House. Article 94(c) of the Constitution provides this safeguard, requiring that a formal resolution — not a simple motion of censure — be placed before the House.

  • Governed by Article 94(c) of the Constitution and Rules 198–203 of the Rules of Procedure and Conduct of Business in Lok Sabha.
  • Requires a minimum of 14 days' prior written notice to the Secretary-General before the resolution is moved.
  • The notice must be supported by at least 50 members to be admitted.
  • The resolution passes only if a majority of all the then members (effective majority) vote in favour — meaning vacant seats are excluded but the bar is still over half of the filled House membership.
  • While the resolution is under consideration, the Speaker may not preside over the House but may participate in debate and vote in the first instance; they cannot cast a deciding vote in case of a tie.

Connection to this news: The Opposition moved notice for a no-confidence motion against Speaker Om Birla — invocation of this rarely used Article 94(c) provision. The 14-day notice requirement and 50-member support threshold make the process deliberately deliberate and difficult to abuse.


Role and Powers of the Lok Sabha Speaker

The Speaker is the presiding authority of the Lok Sabha and is elected by the House members from among themselves (Article 93). The office is constitutionally independent — the Speaker is expected to be non-partisan after election, though Indian practice has seen debates about this convention. The Speaker controls admission of motions, certifies Money Bills (Article 110), decides on the disqualification of members under the Tenth Schedule (anti-defection law), and maintains order in the House.

  • Article 93: Speaker elected by Lok Sabha members.
  • Article 95: Deputy Speaker presides in Speaker's absence.
  • Article 105(3): Speaker's decision on privileges is final within parliamentary proceedings.
  • Tenth Schedule (added by 52nd Amendment, 1985): Speaker decides disqualification on grounds of defection — subject to judicial review since Kihoto Hollohan v. Zachillhu (1992).
  • Speaker's decisions on the conduct of proceedings are protected from judicial scrutiny under Article 122.

Connection to this news: The Opposition's grievance is precisely about the Speaker's exercise of these wide discretionary powers — particularly the power to admit or reject notices and motions. The no-confidence motion is the constitutional valve available to the House majority to check a Speaker who loses the confidence of a majority of members.


Historical Precedents: No-Confidence Motions Against the Speaker

A no-confidence motion against the Lok Sabha Speaker is among the rarest parliamentary events in India. The constitutional design deliberately makes such removal difficult — requiring an effective majority — to protect the impartiality and stability of the office.

  • Three prior occasions: 1954 (against G.V. Mavalankar), 1966 (against Hukam Singh), and 1987 (against Bal Ram Jakhar).
  • All three motions failed — no Speaker has ever been removed in independent India.
  • The 2026 motion against Om Birla would be the fourth such occasion if brought to a vote.
  • By convention, the Speaker is expected to resign from party membership after election; in India this convention is not always strictly followed.

Connection to this news: IUML MP ET Basheer's statement reflects the Opposition bloc's collective frustration. However, given that the ruling NDA commands a majority in the Lok Sabha, the motion is unlikely to cross the effective majority threshold and is more a political signal than a viable removal mechanism.


Effective Majority vs. Simple Majority

Indian constitutional law recognises three types of majorities in Parliament: simple majority (more than 50% of members present and voting), effective majority (more than 50% of total then membership, excluding vacancies), and special majority (as defined in Article 368 for constitutional amendments — two-thirds of members present and voting, and more than 50% of total membership).

  • Simple majority: used for ordinary legislation.
  • Effective majority: required for removal of the Speaker (Article 94), the Deputy Speaker, and to pass a no-confidence motion against the Council of Ministers (Article 75).
  • Special majority (Article 368): required for constitutional amendments; some provisions also require ratification by at least half the State Legislatures.
  • Absolute majority: majority of the total strength of the House — a stricter standard than effective majority.

Connection to this news: The no-confidence motion against the Speaker requires an effective majority — a bar the Opposition cannot clear since the NDA retains a working majority in the 18th Lok Sabha.

Key Facts & Data

  • Article 94(c): Speaker removal requires effective majority + 14 days' notice.
  • Only three prior no-confidence motions against the Speaker in Indian history (1954, 1966, 1987) — all failed.
  • 18th Lok Sabha (2024): NDA holds approximately 293 seats (out of 543); effective majority threshold is around 265.
  • Om Birla re-elected Speaker of 18th Lok Sabha on June 26, 2024 — the first Speaker in independent India to be elected to the office twice.
  • IUML: founded 1948; primarily represents Muslim minority interests in Kerala; part of the INDIA alliance bloc.