Article 94 of the Constitution of India deals with the vacation, resignation and removal from office of the Speaker and Deputy Speaker of the House of the People (Lok Sabha).
- Meaning of Article 94
- Vacation of Office
- Resignation of Speaker
- Resignation of Deputy Speaker
- Removal of Speaker or Deputy Speaker
- Meaning of “Majority of All the Then Members”
- Fourteen Days’ Notice
- Speaker’s Continuance After Dissolution
- Speaker vs Deputy Speaker After Dissolution
- Article 94 and Article 93
- Article 94 and Article 95
- Article 94 and Article 92
- Article 94 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
It lays down the circumstances in which the offices of Speaker and Deputy Speaker become vacant and provides the constitutional procedure for their resignation and removal.
Meaning of Article 94
Article 94 provides three principal ways in which the office of Speaker or Deputy Speaker may become vacant:
- By ceasing to be a member of Lok Sabha;
- By resignation; or
- By removal from office through a resolution of Lok Sabha.
The Article also contains an important provision concerning the Speaker’s continuance in office after the dissolution of Lok Sabha.
Vacation of Office
Under Article 94(a), the Speaker or Deputy Speaker shall vacate office if they cease to be a member of the House of the People.
Since both offices are held by members of Lok Sabha under Article 93, losing membership results in loss of the corresponding office.
Simple Rule
No Lok Sabha membership → No office of Speaker or Deputy Speaker
However, the Constitution creates a special exception regarding the Speaker’s tenure after dissolution of Lok Sabha, discussed below.
Resignation of Speaker
Under Article 94(b), the Speaker may resign by writing addressed to the Deputy Speaker.
The resignation is therefore not addressed to:
- The President;
- The Prime Minister; or
- The Chairman of Rajya Sabha.
It is specifically addressed to the Deputy Speaker of Lok Sabha.
Resignation of Deputy Speaker
The Deputy Speaker may resign by writing addressed to the Speaker.
Therefore:
Speaker → Resignation addressed to Deputy Speaker
Deputy Speaker → Resignation addressed to Speaker
This reciprocal arrangement is an important point for examination purposes.
Removal of Speaker or Deputy Speaker
Article 94(c) provides that the Speaker or Deputy Speaker may be removed from office by a resolution of the House of the People.
The resolution must satisfy two constitutional requirements:
- It must be passed by a majority of all the then members of the House; and
- At least 14 days’ notice must be given of the intention to move the resolution.
Therefore:
Removal = Majority of all the then members + 14 days’ notice
Meaning of “Majority of All the Then Members”
This means that the required majority is calculated with reference to the total number of members who are then members of Lok Sabha, rather than merely those present and voting.
It is therefore different from an ordinary simple majority of members present and voting.
Fourteen Days’ Notice
The Constitution requires at least 14 days’ notice before a resolution for removal of the Speaker or Deputy Speaker can be moved.
This provides advance notice of the proposed removal resolution.
Speaker’s Continuance After Dissolution
Article 94 contains an important special provision:
The Speaker shall not vacate office merely because Lok Sabha has been dissolved.
The Speaker continues in office until immediately before the first sitting of the newly elected Lok Sabha.
This is an important distinction between the Speaker and Deputy Speaker.
Why Is This Important?
The Speaker’s continuation ensures that there is continuity during the transition from one Lok Sabha to another.
The newly elected Lok Sabha can then choose its Speaker in accordance with Article 93.
Speaker vs Deputy Speaker After Dissolution
| Speaker | Deputy Speaker |
|---|---|
| Does not vacate office merely because Lok Sabha is dissolved | Does not receive the same constitutional continuation under Article 94 |
| Continues until immediately before the first sitting of the new Lok Sabha | Office is affected by the end of membership/House |
| Ensures continuity during transition | No equivalent express continuation provision |
Article 94 and Article 93
Article 93 establishes the offices of Speaker and Deputy Speaker.
Article 94 deals with what happens when those offices are vacated, resigned from or removed.
Therefore:
Article 93 → Election of Speaker and Deputy Speaker
Article 94 → Vacation, resignation and removal
Article 94 and Article 95
Article 95 deals with the performance of the duties of Speaker when the office is vacant or the Speaker is unable to perform the functions of the office.
Thus:
Article 94 → How the office becomes vacant
Article 95 → Who performs the Speaker’s duties
Article 94 and Article 92
Article 92 deals with the restriction on the Chairman and Deputy Chairman of Rajya Sabha from presiding during specified removal proceedings.
Article 94 contains the corresponding provisions concerning the Speaker and Deputy Speaker of Lok Sabha.
Article 94 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 94 |
| Offices | Speaker and Deputy Speaker |
| House | Lok Sabha |
| Vacation | Ceasing to be a Lok Sabha member |
| Speaker’s resignation | Addressed to Deputy Speaker |
| Deputy Speaker’s resignation | Addressed to Speaker |
| Removal authority | Lok Sabha |
| Majority required | Majority of all the then members |
| Notice required | At least 14 days |
| Speaker after dissolution | Continues until immediately before first sitting of new Lok Sabha |
| Related Article | Article 93 |
| Performance of Speaker’s duties | Article 95 |
Common Confusions
To Whom Does the Speaker Resign?
The Speaker submits the resignation to the Deputy Speaker.
To Whom Does the Deputy Speaker Resign?
The Deputy Speaker submits the resignation to the Speaker.
Who Can Remove the Speaker?
The Lok Sabha can remove the Speaker through a resolution passed by the required constitutional majority.
What Majority Is Required?
A majority of all the then members of Lok Sabha.
Is 14 Days’ Notice Required?
Yes.
At least 14 days’ notice is required before the removal resolution is moved.
Does the Speaker Automatically Leave Office When Lok Sabha Is Dissolved?
No.
The Speaker continues in office until immediately before the first sitting of the newly elected Lok Sabha.
Does the Deputy Speaker Continue in the Same Way?
Article 94 does not provide the Deputy Speaker with the same express continuation in office after dissolution that it provides to the Speaker.
Quick Revision
- Article 94 → Vacation, resignation and removal of Speaker and Deputy Speaker.
- Both vacate office if they cease to be Lok Sabha members.
- Speaker resigns to the Deputy Speaker.
- Deputy Speaker resigns to the Speaker.
- Speaker or Deputy Speaker may be removed by a resolution of Lok Sabha.
- Removal requires a majority of all the then members.
- At least 14 days’ notice is required.
- Speaker continues after dissolution until immediately before the first sitting of the new Lok Sabha.
- Article 93 → Speaker and Deputy Speaker.
- Article 95 → Performance of Speaker’s duties.
Conclusion
Article 94 establishes the constitutional rules governing the vacation, resignation and removal of the Speaker and Deputy Speaker of Lok Sabha. It also ensures continuity by allowing the Speaker to remain in office during the period between the dissolution of one Lok Sabha and the first sitting of the newly elected House.
The key point to remember is:
Article 94 → Speaker or Deputy Speaker may vacate office by ceasing to be a Lok Sabha member, resign, or be removed by Lok Sabha through a resolution passed by a majority of all the then members after at least 14 days’ notice.
