Article 94

Tenure, Resignation, Removal of Speaker, and Continuation After Dissolution

Official heading: “Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 94, printed page 42
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

Open official PDF at this article Report a text or source error

AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.

1. In One Sentence

Article 94 governs the vacation, mutual resignation, and removal of the Speaker and Deputy Speaker, providing that the Speaker remains in office after dissolution until the next Lok Sabha convenes.

2. What It Means in Everyday Language

Article 94 sets out the terms under which the Speaker and Deputy Speaker of the Lok Sabha vacate, resign from, or are removed from office. Under clause (a), a presiding officer vacates office if they cease to be a member of the Lok Sabha.

Clause (b) establishes a mutual resignation channel: the Speaker resigns by writing under their hand addressed to the Deputy Speaker, and the Deputy Speaker resigns by writing addressed to the Speaker.

Under clause (c), either officer may be removed by a resolution of the Lok Sabha passed by a majority of all the then members (effective majority), subject to at least fourteen days’ advance notice. Crucially, the second proviso commands that whenever the Lok Sabha is dissolved, the Speaker does not vacate office, but continues until immediately before the first meeting of the newly elected Lok Sabha.

3. Practical Illustrative Example

Everyday Scenario:

The President dissolves the Lok Sabha ahead of nationwide parliamentary elections.

Core takeaway: Under the second proviso to Article 94, the incumbent Speaker remains in office throughout the election period until the new Lok Sabha meets.

Illustrative Notice: All other MPs lose their status upon dissolution, but the Speaker continues to protect parliamentary continuity and administer the parliamentary estate.

4. Important Limits, Qualifications & Exceptions

Article 94 ensures institutional continuity of the Speaker’s office even across parliamentary dissolutions.

Vacation of office upon loss of Lok Sabha membership.
Mutual resignation: Speaker to Deputy Speaker, and Deputy Speaker to Speaker.
Removal threshold: Effective majority of all then members following 14 days’ notice.
Continuation doctrine: Speaker holds office through dissolution until the next House meets.

5. Operative Constitutional Text

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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

•
Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 94, printed page 42 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource