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Constitutional Law

The Speaker of Lok Sabha

The position of the Speaker is the most powerful position in the Lok Sabha. He/she enjoys supreme authority in the House and a status equal to that of the Chief Justice of India.

Election of the Speaker:

After a new Lok Sabha is constituted, the Speaker and Deputy Speaker are elected by the House in its first meeting. Normally they are elected unanimously. The leader of the majority party proposes their names, after consulting the leaders of the opposition parties. The leader of the opposition party seconds the names so proposed. The election takes place only when there is disagreement between the majority party and the opposition parties.

Position of the Speaker:

The Speaker of the Lok Sabha enjoys a position of great respect and dignity. He/she has the supreme responsibility to conduct the proceedings of the House. He/she acts as the representative of the House, and as its impartial chairman. His/her authority is supreme in the House and no one can challenge his decisions and rulings. The office of the Speaker is of great dignity and respect.

Qualifications:

There are no formal qualifications for the office of the Speaker. Any sitting member of the Lok Sabha can be elected as Speaker by the House. All qualifications essential for the membership of the Lok Sabha are also the essential qualifications for the office of the Speaker.

Tenure:

Generally, the tenure of the Speaker is equal to the tenure of Lok Sabha, i.e., 5 years. However, the Speaker continues to be in office even after the dissolution of the Lok Sabha. He/she holds office till the new Lok Sabha elects a new Speaker. The Speaker can resign his office at any time before the completion of his full tenure.

Method of Removal:

The speaker automatically ceases to be so if he is disqualified to be a member of Lok Sabha due to reasons whatsoever. He/she can vacate his/her office by addressing a resignation letter to Deputy Speaker. He/she can also be removed by the members of Lok Sabha by a resolution passed by an absolute majority of Lok Sabha. However, a 14 days advanced notice must be given for such resolution. The motion of removal can be considered and discussed only when it has the support of at least 50 members.

These provisions make removal of speaker difficult and provide him the security of tenure. When such resolution is under consideration of the house, Speaker cannot preside the meeting of the house, however, he is eligible to participate and vote except the casting vote in case of an equality of votes.

Functions and Powers of the Speaker:

Lok Sabha speaker is the representative and principal spokesman of Lok Sabha and his decisions in matters of Lok Sabha are final. His powers and functions are derived from Constitution, Rules of the procedure (Lok Sabha) and Parliamentary conventions.

To preside over the meetings of the House:

The Speaker presides over the meetings of the Lok Sabha and conducts its proceedings. He/she decides who will speak and all speeches of the members of the House are addressed to the Chair.

To Preside over the Joint Session of Lok Sabha and Rajya Sabha.

He/she also presides over the joint sittings of the two Houses of the Parliament. Joint session can be called by the President of India. The Speaker of Lok Sabha is to be consulted along with the Chairman of the Rajya Sabha by the President while making a provision for the joint meeting of the two Houses. 

To maintain discipline in the Lok Sabha:

The primary duty of the speaker is to maintain order and decorum in Lok Sabha.  The Speaker maintains discipline in the House. He/she can cheek the indiscipline and disorder and stop members from using irrelevant and unparliamentary language. He/she can expunge remarks made by any member from the Proceeding of the House, if such remarks are derogatory or unparliamentary. If any member disrupts or tries to disrupt the proceedings of the House, the Speaker can warn him or can ask him to leave the House. He can suspend a member from the House whom he finds guilty of violating the discipline and decorum.

To fix the Agenda of the House:

The Speaker, in consultation with other members of the business committee of the House and the Prime Minister, Fixes the agenda of the meetings of the House. The Speaker determines the order of the business, the time to be allowed to the debates on the President Address and the days to be devoted to the private Member’s Bills. He/she is the sole authority for giving priority to anything that may be placed before the House for the national interest. He/she is not expected to give reasons for his decisions and his decisions are not subject to challenge by any member.

Permission to ask questions:

Each member of the House can put questions to the ministers; the permission of the Speaker is required purpose. He/she is “the final judge on the admissibility of the questions, resolutions and motions.

To conduct the business of the House:

The Speaker conducts the business of the House. He allows the members to introduce the bills or to move motions. He recognizes the members on the floor of the House and gives them time for speaking in the House. He fixes a time limit for the debates in the House, puts matters to vote, and announces the results. He can warn the members against the use of unparliamentary language and can order the same to be expunged from the records.

Interpretation of Rules of Procedure:

The business of the House is conducted according to definite and settled rules of procedure. In case of any dispute regarding the rules of the House, the Speaker interprets and applies these rules. His/her interpretations of constitutional provisions, rules and regulations related to Lok Sabha are final and cannot be challenged.

Power to adjourn the House:

The quorum to constitute a meeting of the Lok Sabha is one-tenth of the membership of the house. If there is no quorum, speaker decides to suspend the meeting.  The Speaker can adjourn the meetings of the House if the quorum of the House is not complete or if the conducting the business of the House is not possible due to a disorderly behaviour of its members.

Decision about a Money Bill:

Whether a bill is money bill or not, is decided by Speaker and his/her decision in this matter is final. Such a decision is final and cannot be challenged inside or outside the House. When a money bill is passed in Lok Sabha and sent to Rajya Sabha, Speaker’s endorsement is needed on that.

To exercise a Casting Vote:

The Speaker does not participate in the debates and discussions of the House. He even does not take part in the voting on bills. Although as a member he has the right to vote. In case of a tie due to equal votes, speaker exercises the casting vote. Objective of casting vote is to resolve a deadlock.

Permission of Secret Meeting:

On the request of the Leader of the House, Speaker may allow a secret meeting. None other than those permitted by speaker can be present in secret meeting.

Protection of the Privileges of the Members of the House:

The members of the House enjoy several privileges which are protected by the Speaker. All cases of disputes relating to the privileges of the members are referred by the Speaker to the committee on privileges. In accordance with the wishes of this committee, the Speaker then decides these matters. The Speaker acts as the guardian of the privileges of the MPS and the House.

Role regarding the Committees of the House:

A major part of the business of the House is conducted by the committees of the House.  The Speaker plays an important role in the composition of the Committees. He is the supreme head of all Parliamentary Committees and he may issue directions to the Chairman of those Committees relating to their efficient working. Chairmen of all the parliamentary committees of Lok Sabha are appointed by Speaker, provided such committees don’t need elected chairmen. He is the ex-officio Chairman of some of the important committees such as Business Advisory Committee, Committee on Rules and few others.

Administrative Functions:

The Speaker has several administrative responsibilities. He has control over the Lok Sabha Secretariat. He appoints the employees of the Secretariat, determines the service rules for them and supervises their work. He has the responsibility for the upkeep of the records of the proceedings of the House.

Disqualify unqualified Member:

Speaker decides the question of disqualification of Lok Sabha members in matters of tenth schedule / anti-defection law. This decision is subject to judicial review.

Appointment of Secretary General of Lok Sabha:

The Secretary General of the Lok Sabha is appointed by the Speaker.

Other Powers:

All Communications between the Parliament and the President take place through the Speaker. The Speaker signs all bills passed by the Lok Sabha before they are sent to the Rajya Sabha or to the President. In short, he is the representative of the House itself in its powers, proceedings prestige and dignity.

The first Speaker of the Lok Sabha was G. V. Mavalankar (1952-62). Mr. Anatha Sayanam Ayyangar was the Speaker of the Second Lok Sabha (1956-62). All the Speakers of the Lok Sabha are men of reputation and they have brought up a healthy tradition of impartiality and dignity to the office of the Speaker. Sumitra Mahajan of the Bharatiya Janata Party, who is presided over the 16th Lok Sabha as a Speaker. Deputy Speaker of Lok Sabha was M Thambidurai.

Other Officials Associated With Lok Sabha Speaker:

Deputy Speaker of Lok Sabha

When Speaker of Lok Sabha is not available, his duties are carried out by Deputy Speaker.  A Deputy Speaker is elected by the Lok Sabha members from amongst themselves. Election of Deputy Speaker is done after the election of Speaker. The date of election of Deputy Speaker is fixed by Speaker. We note here that Deputy speaker is not subordinate to the Speaker and is directly responsible to Lok Sabha. If Deputy Speaker is also not present, a person appointed by President will discharge the duties.

Protem Speaker

Whenever Lok Sabha is dissolved, the Speaker continues to remain in office until immediately before the first meeting of Lok Sabha after it is reconstituted. President appoints a Speaker Pro Tem for the first meeting of the newly elected Lok Sabha. He is appointed to administer the oath to the new members and enable the house to elect a new speaker. Usually, the senior-most member is elected as Protem speaker and the President himself administers the oath to him.

Secretary-General of Lok Sabha

Lok Sabha has its own secretariat and its Secretary-General is appointed by Lok Sabha speaker. He is a government servant and remains in office till the age of 60 years. His functions are to provide a link between changing members and keeping the records. He summons the members to attend the session of parliament on behalf of the President. He also authenticates the bill in absence of Speaker.  He is answerable to ONLY Speaker and his action cannot be criticized in or out of Lok Sabha.

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