Answer By law4u team
Constitution Of India Article 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:
Provisions:
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 of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.
Brief Detail
Article 94 outlines the conditions under which the offices of the Speaker and Deputy Speaker of the Lok Sabha may become vacant, including resignation, cessation of membership, or removal by the House through a resolution passed by a majority of its members. It also ensures continuity of the Speaker's office until the first meeting of the newly elected Lok Sabha.
Question & Answers
Under what circumstances does the Speaker or Deputy Speaker vacate their office?
The Speaker or Deputy Speaker vacates their office if they cease to be a member of the Lok Sabha, resign by writing to the respective counterpart, or are removed by a resolution passed by the majority of Lok Sabha members.
What is the procedure for removing the Speaker or Deputy Speaker?
To remove the Speaker or Deputy Speaker, a resolution must be passed by a majority of all members of the Lok Sabha. A minimum of 14 days' notice must be provided before moving such a resolution.
Example
If a Speaker loses their Lok Sabha membership due to disqualification or resignation, their office is immediately vacated. Similarly, if a resolution with majority support is passed in the Lok Sabha, the Speaker or Deputy Speaker can be removed from their position.
Summary
Article 94 governs the processes of vacation, resignation, and removal of the Speaker and Deputy Speaker to ensure accountability and continuity in the leadership of the Lok Sabha.
