Article 94 of the Constitution of India

Article 94 of the Constitution of India deals with the vacation and resignation of, and removal from, the offices of the Speaker and the Deputy Speaker of the House of the People (Lok Sabha). It forms a key part of the constitutional provisions concerning the functioning of the Parliament, ensuring the continuity and accountability of the presiding officers of the Lower House.

Background

The office of the Speaker and Deputy Speaker of the Lok Sabha originates from the Westminster model of parliamentary democracy, where the Speaker acts as an impartial presiding officer responsible for maintaining order and ensuring the smooth conduct of business. The framers of the Indian Constitution adopted this institution with appropriate modifications suited to India’s parliamentary structure.
Articles 93 to 97 of the Constitution collectively deal with the offices of the Speaker and the Deputy Speaker of the Lok Sabha. Article 93 provides for their election, Article 94 lays down the conditions for their removal or resignation, and subsequent articles define their powers, salaries, and allowances.

Text and Meaning of Article 94

Article 94 reads as follows:
“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 office by a resolution of the House of the People passed by a majority of all the then members of the House:
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.”
This provision ensures that the Speaker and Deputy Speaker hold their positions as long as they retain the confidence of the House and continue to be its members. It guarantees both stability and democratic accountability within parliamentary functioning.

Key Provisions and Interpretation

Article 94 incorporates three essential elements concerning the tenure of the Speaker and Deputy Speaker:

1. Vacation of Office
   • If a person holding the office of Speaker or Deputy Speaker ceases to be a member of the Lok Sabha, they automatically vacate their office.
   • However, under Article 95(2), the Speaker or Deputy Speaker may continue in office even after the dissolution of the Lok Sabha until the newly elected House meets. This ensures continuity of the presiding function.
2. Resignation
   • The Speaker may resign by addressing his resignation to the Deputy Speaker.
   • The Deputy Speaker, in turn, may resign by writing to the Speaker.
   • This internal mechanism ensures independence from the executive branch, as resignations are not addressed to the President or any external authority.
3. Removal by Resolution
   • The House of the People can remove the Speaker or Deputy Speaker by passing a resolution supported by a majority of all the then members of the House, not just those present and voting.
   • A notice period of at least fourteen days is required before moving such a resolution, safeguarding the office-holder from sudden or arbitrary removal.

Constitutional Safeguards and Principles

The removal process under Article 94 ensures a balance between accountability and stability. The fourteen-day notice period allows adequate time for deliberation and prevents politically motivated or hasty action. The requirement of an absolute majority reinforces that such a decision must reflect the collective will of the entire House.
The Speaker’s role as a neutral authority is constitutionally protected, as removal cannot be initiated lightly. Once elected, the Speaker is expected to uphold the dignity and impartiality of the office, even if originally elected from a political party.

Significance of the Speaker’s Continuance after Dissolution

Although Article 94 provides that the office is vacated when the holder ceases to be a member, Article 95(2) makes an exception, allowing the Speaker or Deputy Speaker to continue in office after the dissolution of the Lok Sabha until the first meeting of the newly constituted House. This continuity clause ensures that Parliament always has a presiding officer to perform essential constitutional duties, such as summoning the new House or administering oaths to members.

Historical and Practical Context

In India’s parliamentary practice, Article 94 has been invoked in various instances concerning the resignation or removal of Speakers and Deputy Speakers.

• Speakers have voluntarily resigned either to contest elections for other offices or due to political developments, addressing their resignations as required under the Article.
• The power of removal has rarely been exercised, highlighting the respect traditionally accorded to the impartiality of the office.

The article thus reinforces the autonomy of Parliament and the independence of the Speaker, ensuring that the presiding officer functions without undue interference from the executive.

Relationship with Other Articles

• Article 93 provides for the election of the Speaker and Deputy Speaker.
• Article 95 outlines the procedure to be followed when these offices are vacant or when either officer is unable to perform duties.
• Article 97 relates to the salaries and allowances of the presiding officers, as determined by Parliament.

Together, these articles constitute a comprehensive framework governing the offices of the Speaker and Deputy Speaker in the Lok Sabha.

Constitutional and Democratic Importance

Article 94 safeguards the spirit of parliamentary democracy by ensuring that the offices of the Speaker and Deputy Speaker remain accountable to the House, yet protected from arbitrary political manoeuvring. It preserves the neutrality of the presiding officers and reinforces the principle that they are servants of the House, not of the ruling majority or the executive.
The article upholds the broader constitutional principle of separation of powers by ensuring that the Speaker, who controls legislative proceedings, remains independent of the executive branch. It also reflects the value placed on institutional continuity, as seen in the provision allowing the Speaker to continue after the dissolution of the House.