Resolution for his removal: Speaker Birla to be present in House but not chair proceedings
New Delhi (PTI): The Lok Sabha will witness a rare moment most likely on Monday next when Om Birla will not chair proceedings but will be seated amongst the members as the House takes up a notice seeking his removal from office.
As Parliament meets for the second phase of the Budget session on March 9, the Lok Sabha is likely to take up the resolution moved by the opposition against Birla's for allegedly acting in a "blatantly partisan" manner.
According to the rules and laid down procedure, Birla will get a right to defend himself when the resolution is discussed by the lower house. He will also have the right to vote against the resolution, Constitution expert P D T Achary explained.
The expert said while Birla will not chair the proceedings when the resolution comes up before the House, he will be seated in the prominent rows in the Treasury benches.
At least 118 opposition members had submitted a notice for moving the resolution to remove Birla from office for not allowing Leader of Opposition (LoP) Rahul Gandhi and other opposition leaders to speak in the House on the Motion of Thanks to the President's address, as well as for suspending eight MPs.
Congress member and chief whip K Suresh submitted the notice to the Lok Sabha secretariat on behalf of several opposition parties, including his party, Samajwadi Party and DMK.
TMC MPs, however, did not sign the notice.
ALSO READ: Curbs on movement, assembly remain in force in Kashmir after protests against Khamenei's killing
Achary, a former Lok Sabha secretary general, told PTI, that the "allocation of the seat, which the Speaker occupies under such circumstances is not mentioned in the Rules".
He said Birla will also not be able to vote on the resolution using the automated vote system, but will have to fill a slip to register his vote.
He presumes that a seat belonging to a Union minister, who is from the Rajya Sabha, could be given to him as only Lok Sabha members will be able to cast their votes for or against the resolution.
Deputy speaker of the Lok Sabha and deputy chairperson of the Rajya Sabha have their earmarked seats in their respective Houses when they are not presiding over.
Front seats in the opposition benches are allocated to them.
Article 96 of the Constitution bars a speaker or a deputy speaker from presiding over the House sitting while a resolution for his removal from office is under consideration.
The speaker has a constitutional right to defend himself in the House if the resolution is discussed in the Lok Sabha.
At least two Lok Sabha members have to sign the notice to move a resolution for the speaker's removal. Any number of members can sign the notice but a minimum of two is mandatory.
The speaker can be removed from office by a resolution passed by the House through a simple majority.
Article 94C of the Constitution has provisions for such a move.
"All the members of the House are counted to compute the majority, not the members present and voting, which is the normal practice. It means the effective membership of the House, except for the vacancies, is used to calculate the majority," Achary said.
The notice has to be submitted to the Lok Sabha secretary general, and not the deputy speaker or anyone else, he said.
The document is then examined at the preliminary stage to see whether it contains "very specific charges", he said.
"At the threshold itself, there is a process of admissibility. At that stage, it is seen whether it contains specific charges. Specific charges are required as only then the speaker will be able to respond," Achary explained.
The resolution must not contain defamatory language or content.
Article 96 gives the speaker the opportunity to defend himself or herself in the House.
The language of the proposed resolution is usually examined by the deputy speaker, but since the present Lok Sabha does not have a deputy speaker, it may be examined perhaps by the senior-most member of the panel of chairpersons.
The panel helps the speaker run the House in his or her absence.
"The speaker examining a resolution that seeks his removal looks absurd," Achary said, adding that the rule is silent on the subject.
Once the processing part is over, the resolution reaches the House. But it can go to the House after 14 days, Achary said.
The chair then places it in the House for consideration. It is actually the House which admits it, or as the rule says, "grants permission".
Achary further said, "The chair then asks members in favour of the resolution to stand up. If 50 members stand up in support of it and if the criteria is fulfilled, the Chair announces that the House has granted permission. Once the House grants permission, it has to be taken up for discussion and disposed of within 10 days."
Lok Sabha sources said it will be taken up for discussion on Monday itself.
ALSO READ: SSLC exam begins in Kerala; Education Minister wishes students success
There are precedents of resolutions being moved. However, none has been adopted so far.
"The reason -- governments have a majority," Achary said.
The resolution alleges that Speaker Birla had acted in a "blatantly partisan" manner in conducting the business of the House and "abused" the constitutional office he occupies.
The Opposition also accused the speaker of making certain false allegations against members of the Congress.
Three Lok Sabha speakers -- G V Mavlankar (1954), Hukam Singh (1966) and Balram Jakhar (1987)-- had faced no-confidence motions in the past, which were negatived.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Rajnath Singh chairs IGoM meet, urges constant vigil over West Asia crisis
New Delhi (PTI): Defence Minister Rajnath Singh on Thursday emphasised the need for round-the-clock monitoring of the West Asia conflict and called for a calibrated response to deal with any eventuality to ensure that national interests remain protected.
Singh made the comments while chairing a high-level meeting of the Informal Group of Ministers (IGoM) set-up to monitor the situation in West Asia.
The meeting was attended by External Affairs Minister S Jaishankar, Finance Minister Nirmala Sitharaman, Oil Minister Hardeep Singh Puri, Power Minister Manohar Lal, Chemicals and Fertilizers Minister J P Nadda, Consumer Affairs Minister Prahlad Joshi and Minister of Railways, Information and Broadcasting, Electronics and Information Technology Ashwini Vaishnaw.
In view of the "uncertain situation", the defence minister underlined the importance of round-the-clock monitoring of the situation and the need to respond in a calibrated manner to deal with any eventuality, an official readout said.
He stressed on the need to leave no stone unturned to ensure that the people of the country face the minimum effect of the conflict, it said.
It was the second meeting of the IGoM after it was set up last month.
The IGoM was apprised of the measures being taken by the government in the wake of the ongoing West Asia conflict, Singh said on social media.
"We also deliberated upon the next steps to be taken by the government to mitigate any adverse impact arising due to the ongoing conflict," he said.
The defence ministry said in the readout said, "In the meeting, the seven empowered groups of secretaries briefed the IGoM on the steps being taken to tackle the situation."
"The IGoM was apprised about measures undertaken by the Ministry of Finance to address concerns arising due to global trade disruptions and provide relief and support to the industry, especially manufacturing, and bolster investor confidence," it said.
It listed measures including notification issued on Wednesday on full customs duty exemption on 40 critical petrochemical products till June 30.
The ministry also mentioned announcement of a special one-time relief measure for eligible units in SEZs to sell manufactured goods in Domestic Tariff Area (DTA) at concessional customs duty rates to be effective from April 1 to March 31.
It also noted another notification issued by the Department of Revenue clarifying that the provisions of GAAR (General Anti Avoidance Rules) will not be invoked in respect of investments made prior to April 1, 2017.
"These measures will reduce cost pressures on downstream sectors including textiles, packaging and pharmaceuticals, facilitate supply stability in the country and provide requisite clarity for investors contemplating investments in India," the readout said.
Defence Minister Singh appreciated the government's decision to impose a 25 per cent cap on the monthly increase in aviation turbine fuel prices for domestic operations, with effect from April 1.
This step will help protect the people from sudden increase in fares, he said.
The government has accorded highest priority to domestic LPG supply, with refinery production enhanced to fully meet consumption requirements, according to the readout.
"The IGoM was informed that there have been no reports of dry-out at LPG distributorships, and delivery of domestic LPG (liquefied petroleum gas) cylinders continues as per the normal schedule. The temporary supply concerns arose due to instances of hoarding and black marketing, which triggered panic buying in certain areas," it said.
The ministers were informed that strict enforcement action is being undertaken, with raids being carried out across multiple states and Union territories to curb hoarding and black marketing of LPG, the ministry said in the readout.
Action has also been taken against some LPG distributors who engaged in malpractices, it said.
"To support migrant labour and low-consumption households, the government is ensuring adequate availability of 5 kg free trade LPG cylinders, and since March 23, over 4.3 lakh such cylinders have been sold. Special focus is being given to states where demand is higher," it said.
The IGoM was apprised that industrial requirements dependent on commercial LPG are being met, with over 80 per cent of pre-crisis supply levels being maintained to ensure continuity of operations.
"Special meetings have been held with ministries and stakeholders of different industries to understand their demand and meet their needs. Oil PSUs are ensuring continued supply of Auto LPG across the country," the readout noted.
"However, some supply constraints are being faced by private operators due to their procurement challenges, which is why lines are being observed at PSU auto LPG pumps. Wherever the autos are dual feed and can use petrol, they are being encouraged to use petrol," it said.
