UPSC Prelims 2024 Q93: Speaker Removal and Article 96 — Explained

With reference to the Speaker of the Lok Sabha, consider the following statements:

While any resolution for the removal of the Speaker of the Lok Sabha is under consideration

1. He/She shall not preside.

2. He/She shall not have the right to speak.

3. He/She shall not be entitled to vote on the resolution in the first instance.

Which of the statements given above is/are correct?

  1. 1 only
  2. 1 and 2 only
  3. 2 and 3 only
  4. 1, 2 and 3

Answer: (a) 1 only

Statement-wise explanation

  • 1: correct — Article 96(1) says that while a resolution to remove the Speaker is under consideration, the Speaker "shall not, though he is present, preside". Article 95(2) then applies, so the Deputy Speaker or another member chosen under the Rules presides. In 1987 the Deputy Speaker chaired the debate on the resolution to remove Speaker Balram Jakhar.
  • 2: incorrect — Article 96(2) says the Speaker "shall have the right to speak in, and otherwise to take part in the proceedings of" the House while the resolution for their removal is under consideration. The Speaker leaves the Chair but keeps a member's right to defend themselves on the floor.
  • 3: incorrect — Article 96(2) says the Speaker is "entitled to vote only in the first instance on such resolution", notwithstanding Article 100. So the Speaker can vote in the first instance, like any other member. What they lose is the casting vote: they cannot vote "in the case of an equality of votes". The statement gets this the wrong way round.

How to eliminate

Use the logic of why the rule exists. Article 96 has one aim: nobody should be the judge in their own cause. That justifies taking the Speaker out of the Chair (Statement 1). It does not justify silencing them or taking away their vote as an elected member. An accused member is normally allowed to defend themselves and to vote on the matter. That makes Statement 2 doubtful. Statement 3 is a trap built from a real rule. Normally (Article 100) the presiding Speaker does not vote in the first instance and only gives a casting vote in a tie. Article 96(2) reverses this during their own removal debate: they vote in the first instance and lose the casting vote. If you remember only this reversal, you can cut out every option that contains Statement 3. If you also know the Speaker may speak, only Statement 1 remains. Fact to remember: during their own removal resolution, the Speaker cannot preside but can speak and can vote in the first instance. They have no casting vote.

Know more

Removing the Speaker: Articles 94 and 96

  • Ground and majority (Article 94(c)): the Lok Sabha can remove its Speaker by a resolution "passed by a majority of all the then members of the House". This is an effective majority: total membership minus vacancies, not just members present and voting.
  • Notice: the resolution cannot be moved unless at least 14 days' notice has been given (first proviso to Article 94).
  • Dissolution: when the Lok Sabha is dissolved, the Speaker does not vacate office until just before the first meeting of the new House (second proviso).
  • During the debate (Article 96): the Speaker cannot preside, can speak and take part, and can vote only in the first instance, with no casting vote.

How the Speaker's vote changes

Situation Presides? Vote in first instance? Casting vote in a tie?
Normal sitting (Art. 100) Yes No Yes
Own removal resolution (Art. 96) No Yes No
Rajya Sabha Chairman, own removal (Art. 92) No Not at all No

The Rajya Sabha Chairman (the Vice-President) cannot vote at all during their own removal resolution, because they are not a member of that House. The Deputy Speaker and the Deputy Chairman follow the same pattern as the Speaker.

History: removal resolutions were brought against G. V. Mavalankar (1954), Hukam Singh (1966) and Balram Jakhar (1987). None succeeded. In March 2026, a resolution against Om Birla was debated for 12 hours 27 minutes over two days and defeated by voice vote.

NCERT Concepts to Revise

  • Removal of the Speaker: The question tests what the Speaker may and may not do while an Article 94(c) removal resolution is being considered.
  • Casting vote: Statement 3 turns on the difference between voting in the first instance and giving a casting vote in a tie.
  • Deputy Speaker: The Deputy Speaker is normally the one who presides when the Speaker leaves the Chair under Article 96.
  • Speaker of the Lok Sabha: Knowing the Speaker's normal role as presiding officer is the baseline for seeing what Article 96 changes.

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