New Delhi, July 23: Somnath Chatterjee’s position as Lok Sabha Speaker remains secure under House rules that specifically protect its custodian from any rift with his party.

The Constitution states that a Speaker can only be voted out by a majority of the Lok Sabha, legal experts said today.

But around 24 MPs who violated their party whip could face disqualification from the Lok Sabha if their parties write to the Speaker seeking expulsion from the House.

The Opposition, the experts said, is also free to move a no-confidence motion against the government once the cross-voters are disqualified.

If all 24 are disqualified, the effective voting strength of the Lok Sabha will come down from 541 at present to 517. The majority mark dips correspondingly from 271 to 259.

If the same voting pattern is repeated, the government will still have a slight edge at 261 (275 minus the 14 cross-votes).

The law states that parties seeking disqualification of MPs who violate their whip must write to the Speaker within 30 days of the breach. The Speaker then seeks an explanation from the MPs under the scanner, before deciding on the expulsion.

The law does not provide for any circumstances under which the Speaker can choose not to expel an MP found guilty. But crucially, say the experts, it also does not fix the time within which the Speaker must deliver his verdict.

Rule 73(5) of Parliament, mentioned in chapter 5 of the Lok Sabha Handbook, protects Chatterjee’s post as Speaker. “Special provision has been made to enable a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of People ... to sever his connections with his political party without incurring disqualification,” the rule says.

Expulsion on grounds of violating the party whip or voluntary resignation from a party can be grounds for disqualification for ordinary MPs under Rule 73.

Article 94 also specifically mentions that a Speaker can only be asked to vacate his post by a majority of the Lok Sabha, constitutional expert P.P. Rao said.

“Constitutionally, the CPM’s expulsion of the Speaker does not affect the legal validity behind his continuing to hold the post,” Rao said.

Rao termed the CPM’s expulsion “improper”. “The CPM’s action is contrary to the convention of Parliament. Once a party has allowed its MP to take up the Speaker’s post, it ceases to hold any powers over him while he holds the post,” he said.