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:

 

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.

Debate Summary

Article 77, Draft Constitution of India, 1948

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 for incapacity or want of confidence 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) of this article 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.

 

Draft Article 77 (Article 94, Constitution of India 1950) was debated on 19 May 1949. It regulated vacation, resignation or removal of Speaker and Deputy Speaker of the House of the People.

 

A member moved an amendment that would require the Speaker to submit his/her resignation to the President instead of the Deputy Speaker. He argued that in the interest of ‘decorum’ and ‘proprieties’ resignation must not be submitted to a subordinate officer. In opposition, a member noted that the President was the Executive head and he/she should not interfere with the Legislature. The arrangement in the Draft Article ensured the independence of the Speaker and Deputy Speaker.

 

The Chairman of the Drafting Committee clarified the principle behind the Draft Article. He said that resignation should be submitted to the appointing authority. In the case of Speaker and Deputy Speaker, the House of the People was the appointing authority, not the President. Since the House was a ‘collective body’ resignation need not be given to each member. It would be appropriate to submit it to the Speaker or the Deputy Speaker.

 

After the Chairman’s clarifications, the mover of the amendment withdrew it. The Assembly adopted the Draft Article on 19 May 1949.