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Current Affairs
Title : SPEAKER OF THE LOK SABHA
Date : Dec 18, 2021
Description :
Based on a News Article published in the ‘The Hindu’ on 16th December 2021 on Page Number 7
Useful for UPSC CSE Prelims and Mains (GS Paper II)
About:
- In India, the Speaker's Office is a live and dynamic institution that deals with Parliament's current requirements and issues as it performs its tasks.
- Both the Speaker and the Deputy Speaker are elected under Article 93 of the Constitution.
- The Speaker is the House's constitutional and ceremonial leader.
- The presiding officer of each House of Parliament is different.
- The Lok Sabha has a Speaker and a Deputy Speaker, whereas the Rajya Sabha has a Chairman and a Deputy Chairman.
History:
- The Speaker and Deputy Speaker of the House of Commons were established in India in 1921 following the requirements of the Government of India Act of 1919. (Montague-Chelmsford Reforms).
- The Speaker and Deputy Speaker were referred to as President and Deputy President, respectively, at the time, and this nomenclature was used until 1947.
- The President and Deputy President were renamed Speaker and Deputy Speaker, respectively, by the Government of India Act of 1935.
- The Speaker's Office is located in the Lok Sabha.
- The Speaker of the Lok Sabha, the country's highest legislative body, is elected by the Lok Sabha and oversees the House's daily operations.
- One of the first acts of any freshly formed House is to elect the Speaker of the Lok Sabha.
Election of the Speaker:
- The Speaker must be a member of the House of the People, according to the Indian Constitution.
- Although no formal qualifications are required to be elected Speaker, a thorough understanding of the country's Constitution and legislation is seen as a major asset for those who occupy the position.
- Speaker is usually elected by a member of the ruling party. Over the years, the procedure has evolved to the point where the dominant party nominates its candidate after informal consultations with other parties and groupings in the House.
- This practise assures that the Speaker, once chosen, is respected by all members of the House.
- Voting:
- The Speaker (together with the Deputy Speaker) is elected by a simple majority of the Lok Sabha members present and voting in the House.
- Once a candidate has been chosen, the Prime Minister or the Minister of Parliamentary Affairs usually proposes his or her name.
Speaker's Term of Office:
- The Speaker's term of office runs from the day of his or her election until the first meeting of the next Lok Sabha (for 5 years).
- Once elected, the speaker is eligible for re-election.
- When the Lok Sabha is dissolved, the Speaker does not step down and remains in office until the newly elected Lok Sabha convenes.
Speaker's Role and Powers:
- Within the House, he/she is the final interpreter of the provisions of the Indian Constitution, the Lok Sabha Rules of Procedure and Conduct of Business, and parliamentary precedents.
- He/she frequently makes judgements that are respected by members and are binding in nature when it comes to the interpretation of these regulations.
- He or she preside over a combined sitting of the two Houses of Parliament.
- The President calls such a meeting to break a deadlock between the two Houses on a bill.
- Adjournment of the House: In the absence of one-tenth of the House's entire strength, he or she can adjourn or suspend the meeting (called the quorum).
- Casting Votes: The Speaker does not vote in the first instance, but in the event of a tie; the Speaker is authorised to vote when the House is evenly divided on any issue.
- A Casting Vote is a special type of vote that is used to break a tie.
- Money Bill: He or she determines whether or not a bill is a money bill, and his or her decision is definitive.
- Disqualification of Members: Under the provisions of the Tenth Schedule, the speaker decides on questions of disqualification of a Lok Sabha member arising from defection.
- The Speaker has this power under the Indian Constitution's 52nd amendment.
- The Supreme Court declared in 1992 that the Speaker's decision on this matter is amenable to judicial review.
- He/She serves as the ex-officio chairman of the Indian Parliamentary Group (IPG), which serves as a link between the Indian Parliament and other parliaments throughout the world.
- In addition, he serves as the ex-officio chairman of the country's conference of presiding officers of legislative bodies.
- The Speaker of the House appoints the members of the House Committees, who work under the speaker's overall leadership.
- He/she appoints the Chairmen of all Parliamentary Committees.
- His Chairmanship extends to committees such as the Business Advisory Committee, the General Purposes Committee, and the Rules Committee.
- House Privileges: The Speaker is the keeper of the House's rights and privileges, as well as those of its Committees and members.
- Any subject of privilege must be referred to the Committee of Privileges for inspection, investigation, and report by the Speaker.
Speaker's Removal:
- Exceptions: The Speaker usually stays in office for the duration of the Lok Sabha. The speaker, however, may be required to vacate the office sooner if the following conditions are met:
- If he no longer serves in the Lok Sabha.
- If he writes to the Deputy Speaker to resign,
- If he is removed from office by a resolution passed by a majority of the Lok Sabha members.
- Notification: A resolution can only be moved if it is given 14 days' notice.
- When the House is considering a resolution to remove the Speaker, he or she may attend but not preside over the meeting.
Deputy Speaker of the Lok Sabha:
- The Lok Sabha elects the Deputy Speaker from among its members immediately following the Speaker's election.
- The Speaker sets the date for the Deputy Speaker's election (date of election of the Speaker is fixed by the President).
- Both the Speaker and the Deputy Speaker were normally elected from the ruling party till the 10th Lok Sabha.
- Since the 11th Lok Sabha, it has been agreed that the Speaker will come from the ruling party/alliance, while the Deputy Speaker will come from the leading opposition party.
Office Term and Removal:
- The Deputy Speaker, like the Speaker, normally serves for the duration of the Lok Sabha (5 years).
- In any of the following three situations, the Deputy Speaker may resign earlier:
- If he is no longer a Lok Sabha member,
- If he writes to the Speaker and resigns,
- If he is removed from office by a resolution passed by a majority of the Lok Sabha members at the time.
- Only 14 days' notice is required for such a resolution to be moved.
Powers and Responsibilities:
- When the Speaker's office is vacant, the Deputy Speaker assumes responsibility.
- He or she also fills in for the Speaker when he or she is unable to attend a House meeting.
- In both situations, he or she assumes all of the Speaker's authority.
- In the event that the Speaker is unavailable, he or she preside over a joint sitting of both Houses of Parliament.
- In the event of a tie, the Deputy Speaker, like the Speaker, has the casting vote.
- The Deputy Speaker has one exceptional privilege: once he or she is assigned to a legislative committee, he or she instantly becomes the chairman of that committee.
- The Speaker does not have any authority over the Deputy Speaker. He reports directly to the House of Representatives.
About the Pro-tem Speaker:
- The President appoints a member of the Lok Sabha as Speaker Pro Tem when the Speaker of the previous Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha.
- Typically, the most senior member is chosen for this.
- The Speaker Pro Tem is sworn in by the President personally.
- He or she preside over the newly-elected Lok Sabha's first session and enjoys all of the Speaker's powers.
- The main task is to administer oaths to new members and to allow the House to elect a new Speaker.
- When the House elects a new Speaker, the Speaker Pro Tem's position becomes obsolete.