The political scenario in Bihar witnessed a significant shift following the party change by Chief Minister Nitish Kumar. This change has brought the Speaker of the Bihar Legislative Assembly, Awadh Bihari Choudhary, into the spotlight. Choudhary, a member of Lalu Prasad Yadav's Rashtriya Janata Dal (RJD), now faces a no-confidence motion against him by the ruling coalition.


No-Confidence Motion Against Awadh Bihari Choudhary


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The BJP and JDU coalition, currently in power in Bihar, have expressed their intent to remove Choudhary from the position of Speaker. A formal notice of no-confidence has been filed, marking a decisive move in the state's political dynamics. This article explores the options available to Choudhary and delves into the procedural aspects of the no-confidence motion.


Understanding the Numbers Game


Post the formation of the new NDA government, a numerical analysis reveals that the coalition holds 128 legislative seats, while the opposition has 114. With the Assembly Speaker now part of the opposition quota, his removal seems increasingly likely.


Procedure for Speaker's Removal


The procedure for removing the Speaker of the Legislative Assembly is outlined in clause (c) of Article 179 of the Indian Constitution. This uniform process, applicable across all Indian states, involves several key stages.


BJP's Move and the No-Confidence Notice


The BJP has initiated the process by submitting a notice of no-confidence against Choudhary to the Assembly Secretary. The notice, signed by notable political figures including former CM Jitan Ram Manjhi and former Deputy CM Tarkishore Prasad, signifies a lack of confidence in the current Speaker.


The No-Confidence Motion: A Detailed Look


Any Assembly member is entitled to propose a no-confidence motion against the Speaker. This motion must be in writing and submitted to the Assembly Secretary. Following the submission, a 14-day notice period is observed, allowing the Speaker to respond.


Voting on the No-Confidence Motion


The decisive step in this process is the voting on the no-confidence motion, which occurs after a 14-day notice period. The motion requires a majority vote to pass. In special session voting, if the Assembly consists of less than 100 members, support from at least 1/5 of the members is needed. For assemblies with over 100 members, 1/10 of member support is required.


Speaker’s Role During the No-Confidence Process


During the no-confidence motion process, the Speaker is prohibited from conducting house proceedings, as per Article 181 of the Indian Constitution. However, he retains the right to speak and participate in the proceedings.