Article 94 of the Costitution of India with Case law
Article 94 of the Constitution of India – Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker
📘 Text of Article 94:
“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 resign his office by writing under his hand addressed to the Deputy Speaker or the Speaker, as the case may be; 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:
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.”
🧾 Explanation:
Article 94 deals with the tenure, resignation, and removal of the Speaker and Deputy Speaker of the Lok Sabha.
Clause (a): If the Speaker/Deputy Speaker ceases to be an MP, they automatically vacate the office.
Clause (b): They can resign voluntarily.
Clause (c): They can be removed by a resolution supported by a majority of all current Lok Sabha members (effective majority), with at least 14 days' notice.
🧑⚖️ Important Case Law Related to Article 94:
1. Kihoto Hollohan v. Zachillhu (1992) Supp (2) SCC 651
Context: This case upheld the Tenth Schedule (anti-defection law) and clarified the role of the Speaker in disqualification proceedings.
Relevance to Article 94: The court observed that though the Speaker has quasi-judicial powers, he is still a political appointee, and the House retains control over his position, including the power of removal as per Article 94.
2. Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016) 8 SCC 1
Though it dealt with a State Assembly, the principles apply similarly.
The Supreme Court held that a Speaker facing a notice of removal under Article 179 (state equivalent of Article 94) cannot adjudicate disqualification petitions until the motion is resolved.
Relevance: The principle applies mutatis mutandis to Article 94. It protects impartiality by ensuring that Speakers do not misuse their authority while their own position is under threat.
📝 Key Points:
The Speaker/Deputy Speaker holds office at the pleasure of the House.
The 14-day notice requirement ensures time for deliberation before initiating removal.
Effective majority is required: more than 50% of the total membership of the House (not just those present and voting).
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