No Confidence Motion, Constitutional Provisions, Procedures

Why No Confidence Motion in News?

The Opposition has recently moved a No-Confidence Motion against Om Birla, the Lok Sabha Speaker. Parliamentary sources have confirmed that the motion will be examined and processed according to established rules.

What is a No-Confidence Motion?

A No-Confidence Motion (NCM) is a formal motion moved in the Lok Sabha against the ruling government or the Council of Ministers. It signifies that the house no longer trusts the government to govern effectively.

If the motion is passed by a majority, the government is obliged to resign, which may lead to the formation of a new government or fresh elections.

For example, the 1999 no-confidence motion against the Atal Bihari Vajpayee government was survived by just one vote, showing the importance of parliamentary numbers.

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No-Confidence Motion Constitutional Provisions

The Indian Constitution provides the legal framework for a No Confidence Motion under Article 75(3). It states that the Council of Ministers holds office during the pleasure of the President but must maintain the confidence of the Lok Sabha.

• Only Lok Sabha members can move the motion; Rajya Sabha members cannot.
• It is a tool to hold the executive accountable to the legislature.
• Reflects the responsible government system where the government must retain majority support.

In essence, the motion ensures that the government cannot function without the trust of the people’s representatives, reinforcing democratic governance.

Difference Between No Confidence Motion and Censure Motion

A No Confidence Motion challenges the entire government, while a Censure Motion targets a specific minister or policy. Both are parliamentary tools to ensure accountability, but their scope and consequences differ significantly.

Procedure for Moving No Confidence Against Lok Sabha Speaker

A No Confidence Motion can be used against the Speaker of the Lok Sabha, ensuring that even the presiding officer remains accountable to the House. The procedure is slightly different from moving a motion against the government and is governed by Article 94 of the Constitution of India.

Steps to Move the Motion:

1. Notice Submission: At least 50 members of the Lok Sabha must submit a written notice to the Secretary-General of the House proposing a resolution for the removal of the Speaker.
2. Notice Period: As per Article 94(c), at least 14 days’ notice must be given before the motion is discussed and voted upon.
3. Scheduling for Discussion: The motion is scheduled for debate in the House after the notice period. Members discuss the reasons for the proposed removal, ensuring a fair and transparent process.
4. Voting: The resolution is put to a vote in the Lok Sabha. To succeed, it must be passed by a majority of all the then members of the House. If the majority supports the motion, the Speaker must vacate office immediately.
5. Resignation Option: Alternatively, the Speaker may resign at any time by writing under their hand, addressed to the Deputy Speaker. Similarly, the Deputy Speaker may resign to the Speaker.
6. Vacating Office on Dissolution: According to Article 94, if the Lok Sabha is dissolved, the Speaker does not vacate office until immediately before the first meeting of the newly elected House, ensuring continuity of leadership.

No-Confidence Motion Significance

The No-Confidence Motion plays a crucial role in strengthening parliamentary democracy:

• Ensures Government Accountability: Forces the ruling party to remain answerable to elected representatives.
• Maintains Political Stability: Encourages governments to secure majority support and avoid arbitrary decisions.
• Promotes Healthy Debate: Provides a platform for opposition members to highlight issues and challenge policies.
• Prevents Abuse of Power: Ensures that the government cannot act without legislative oversight.

Examples from India:

• 1979 – Morarji Desai Government: Lost the motion, leading to resignation.
• 1999 – Atal Bihari Vajpayee Government: Survived a no-confidence vote by one vote, showing the high stakes involved.