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Motion For Removal Of The Lok Sabha Speaker: Constitutional Framework, Parliamentary Conventions And The Om Birla Controversy




Srishti Srivastav, University of Lucknow


ABSTRACT


A Speaker of the Lok Sabha has a crucial role in any parliamentary democracy. They perform as an arbiter in the House and are expected to be neutral and impartial in the absence of any enforceable constitutional mandate. The lack of formal provisions and renouncement of political affiliations give rise to inherent structural tension in the House. The article analyses the recent removal motion against the current Lok Sabha Speaker, Mr Om Birla, which has revived the debate over the partisan conduct of the Speaker. Although Article 941 provides a procedure for removal, the discourse raises broader questions about striking a symmetry between institutional neutrality and political accountability. This article inquires if the constitutional provisions, legal rulings, and parliamentary conventions are substantial to preserve the doctrine of neutrality. Moreover, the study conducts a relative analysis of the UK Parliament, where settled practices, such as the abdication of party affiliation, institutionally guarantee the Speaker's neutrality. This contrasts with evidence of a fundamental difference between constitutional morality and institutionalised impartiality. The article argues that the ongoing disputes over the Speaker's office, especially regarding removal moves, highlight the need to reassess the current constitutional framework. It infers that going beyond aspirational neutrality in favour of firm institutional safeguards is essential to guarantee the legitimacy and credibility of parliamentary institutions. Thus, the study contributes to the present debate on constitutional morality, parliamentary accountability, and the maintenance of democratic integrity.


Keywords: Motion for Removal, Removal of Speaker, Constitution of India, Doctrine of Neutrality, Legislative Impartiality, Parliamentary Accountability, Tenth Schedule.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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