As soon as a member of the panel of presiding officers, Jagdambika Pal, a BJP MP, started presiding over the debate by calling Congress MP Mohammad Jawed to formally move the resolution, AIMIM member Asaduddin Owaisi raised a point of order. He argued that as per the Supreme Court order in the Nabam Rebia case, once a resolution for the removal of the Speaker was moved, the latter can’t exercise judicial and discretionary powers till the fate of the resolution was settled. Owaisi argued that while the Speaker can’t preside over the resolution against her/him, and in the absence of the Deputy Speaker, who among the panel of presiding officers should preside over the debate must be decided by “taking the sense” of the House. He opposed Pal’s ruling that he was delegated the powers by the Speaker to preside.
Gaurav Gogoi of Congress also concurred with Owaisi and he contended that the Speaker can’t delegate Pal to preside over the debate on the motion. Home minister Amit Shah intervened and said that as per constitutional schemes, the office of the Speaker “is never vacant”, not even when the Lok Sabha is dissolved or general elections are being held. Shah said the Constitution allows the continuity of the office of Speaker and contended Gogoi’s interpretation of the rule as incorrect. The House proceeded with the debate with Pal reiterating his ruling.
Before that, KC Venugopal of Congress said the episode has highlighted the consequences of the government for the last many years choosing to leave the constitutional post of Deputy Speaker vacant. BJP MP Nishikant Dubey opposed Owaisi’s contention by arguing that while the Speaker can’t preside over “the debate in the House” on the resolution against the latter, yet all powers otherwise conferred on the office of the Speaker, including whom to delegate to preside over the debate, remains intact as long as the Speaker is in office or has not been removed. Saugata Roy of Trinamool contended that who should preside over such a debate can be decided only by taking the sense of the House.
