Law and You > Constitutional Law > Speaker of Lok Sabha
The office of the Speaker occupies a pivotal position in our parliamentary polity. Responsibility of ensuring free and fair discussions on the floor of the House, an essential pre-requisite in any democracy, rests with the Speaker. It has been said of the office of the Speaker that while the members of Parliament represent the individual constituencies, the Speaker represents the full authority of the House itself. He symbolises the dignity and power of the House over which he is presiding. Therefore, it is expected that the holder of this august office is one who can represent the House in all its manifestations. In this article, let us discuss about the office of speaker of Lok sabha.
Speaker of Lok Sabha
The responsibility entrusted to the Speaker is so onerous that he cannot afford to overlook any aspect of parliamentary life. His actions come under close scrutiny in the House and are also widely reported in the mass media. With the televising of proceedings of Parliament, the small screen brings to millions of households in the country the day-to-day developments in the House making the Speakerโs task all the more important.
History of Office of Speaker:
The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms). At that time, the Speaker and the Deputy Speaker were called the President and Deputy President respectively. The Government of India Act of 1935 changed the nomenclatures of President and Deputy President to the Speaker and Deputy Speaker respectively.
Qualification:
As such, no specific qualifications are prescribed for being elected the Speaker. The Constitution only requires that he should be a member of the House. But an understanding of the Constitution and the laws of the country and the rules of procedure and conventions of Parliament is considered a major asset for the holder of the office of the Speaker.
Usually, a member belonging to the ruling party is elected Speaker. The process has evolved over the years where the ruling party nominates its candidate after informal consultations with leaders of other parties and groups in the House. This convention ensures that once elected, the Speaker enjoys the respect of all sections of the House.
Election of Speaker:
In the Lok Sabha, the House of the People of the Indian Parliament, both Presiding Officers, namely the Speaker and the Deputy Speaker are elected from among its members by a simple majority of members present and voting in the House.
The election of the Speaker of the Lok Sabha is an important event in the life of the House. One of the first acts of a newly constituted House is to elect the Speaker. Usually, a member belonging to the ruling party is elected the Speaker. However, there are also instances when members not belonging to the ruling party or coalition were elected to the office of the Speaker.
Once a decision on the candidate is taken, his name is normally proposed by the Prime Minister or the Minister of Parliamentary Affairs. If more than one notice is received, there is election. After the results are announced, the Speaker-elect is conducted to the Chair by the Prime Minister and the Leader of the Opposition. He is then felicitated by Leaders of all Political Parties and Groups in the House to which he replies in a thanks-giving speech. And from then, the new Speaker takes over.
Term of Office of the Speaker:
The Speaker holds Office from the date of his/her election till immediately before the first meeting of the next Lok Sabha (for 5 years). The speaker once elected is eligible for re-election. Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.
Administrative Support to Speaker:
Insofar as the proceedings of the house are concerned, he is guided by the provisions of the Constitution and the Rules of Procedure and Conduct of Business in Lok Sabha. He is assisted by the Secretary-General of the Lok Sabha and senior officers of the Secretariat on parliamentary activities and on matters of practice and procedure. In the absence of the Speaker, the Deputy Speaker discharges his functions. A member from the Panel of Chairmen presides over the House in the absence of both the Speaker and the Deputy Speaker.
Removal of Speaker:
Usually, the Speaker remains in office during the life of the Lok Sabha. However, under following conditions, the speaker, may have to vacate the office earlier:
- If he ceases to be a member of the Lok Sabha.
- If he resigns by writing to the Deputy Speaker
- If he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 daysโ advance notice. When a resolution for the removal of the Speaker is under consideration of the House, the Speaker may be present at the sitting but not preside.
Functions and Powers of Speaker
The Speaker of the Lok Sabha, the lower house of India’s Parliament, plays a critical role in ensuring the smooth functioning of the House. The main functions and powers of the Speaker are as follows:
- Presiding Over Meetings: The Speaker presides over the sessions of the Lok Sabha and maintains order and decorum in the House. They decide who will speak, ensure rules are followed, and manage debates.
- Interpreting Rules: The Speaker has the authority to interpret the Constitution and the rules and procedures of the House. Their decisions on procedural matters are final and cannot be challenged.
- Recognizing Parties and Leaders: The Speaker recognizes political parties and assigns them seating arrangements in the House. They also recognize the Leader of the Opposition and other leaders.
- Joint Sitting of Both Houses: The Speaker presides over a joint sitting of the two Houses of Parliament. Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.
- Adjournment of Sitting: The Speaker can adjourn the House or suspend the meeting in absence one-tenth of the total strength of the House (called the quorum).
- Casting Vote: The speaker does not vote in the first instance but in the case of a tie; when the House is divided equally on any question, the Speaker is entitled to vote. Such a vote is called a Casting Vote, and its purpose is to resolve a deadlock.
- Maintaining Discipline: The Speaker can take disciplinary action against members for unruly behaviour. They can suspend members for violating parliamentary rules.
- Money Bill: The Speaker decides whether a bill is a money bill or not and his/her decision on this question is final.
- Disqualifying Members: It is the speaker who decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule. The 52nd amendment to the Indian Constitution vests this power in the Speaker. In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review.
- Chairing the Indian Parliamentary Group (IPG): The Speaker acts as the ex-officio chairman of the Indian Parliamentary Group (IPG) which is a link between the Parliament of India and the various parliaments of the world. He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.
- ย Head of Parliamentary Committees: The Committees of the House are constituted by the speaker and function under the speakerโs overall direction. The Chairmen of all Parliamentary Committees are nominated by him/her. The Speaker nominates members to various parliamentary committees. They are the ex-officio chairperson of several committees, such as the Business Advisory Committee and the Rules Committee.
- Privileges of the House: The Speaker is the guardian of the rights and privileges of the House, its Committees and members. It depends solely on the Speaker to refer any question of privilege to the Committee of Privileges for examination, investigation and report.
- Communicating with the President: The Speaker communicates the resolutions of the House to the President of India. They also represent the House in ceremonial functions.
- Administrative Role: The Speaker oversees the functioning of the Lok Sabha Secretariat and ensures that parliamentary procedures are effectively carried out.
- Neutrality and Impartiality: The Speaker is expected to act impartially and ensure fairness in conducting the business of the House.
These powers and responsibilities make the Speaker central to the effective functioning of parliamentary democracy in India.
Responsibilities and Powers of Deputy Speaker:
The Deputy Speaker performs the duties of the Speakerโs office when it is vacant. The Deputy Speaker also acts as the Speaker when the latter is absent from the sitting of the House. In both the cases, the Deputy Speaker assumes all the powers of the Speaker. The Deputy Speaker also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent from such a sitting. The Deputy Speaker, like the Speaker, has the privilege of the Casting Vote in case of tie. The Deputy Speaker has one special privilege, that is, whenever he/she is appointed as a member of a parliamentary committee, he/she automatically becomes its chairman.
Speaker Pro Tem:
When the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha, the President appoints a member of the Lok Sabha as the Speaker Pro Tem. Usually, the senior most member is selected for this. The President himself administers oath to the Speaker Pro Tem. The Pro tem Speaker presides over the first sitting of the newly-elected Lok Sabha and has all the powers of the Speaker. The main responsibility is to administer oaths to the new members and to enable the House to elect the new Speaker. When the new Speaker is elected by the House, the office of the Speaker Pro Tem ceases to exist.
Conclusion:
The Speaker of the Lok Sabha plays a crucial role in maintaining the order and functioning of the Indian Parliament. Elected by the members of the Lok Sabha, the Speaker acts as the presiding officer during its sessions, ensuring that debates proceed smoothly, and that all parliamentary procedures are followed. One of the Speaker’s primary responsibilities is to maintain decorum in the House by ensuring that all discussions are conducted in a respectful and orderly manner, while also giving equal opportunities to members to speak. The Speaker holds significant authority in decision-making, particularly when it comes to matters of parliamentary procedure and interpreting the rules of the House. They have the power to decide on points of order, and their rulings are final and binding. In cases of disputes, the Speakerโs decisions are considered impartial, as they are expected to rise above party politics and prioritize the functioning of Parliament. This role of neutrality ensures the Speaker’s credibility and trust in the House. Additionally, the Speaker is responsible for maintaining the integrity of the legislative process, including overseeing the passage of bills, motions, and resolutions. The Speaker also represents the Lok Sabha in interactions with the President of India, other branches of government, and foreign dignitaries.
In conclusion, the Speaker of the Lok Sabha holds a pivotal position in the Indian parliamentary system, ensuring the efficient functioning of the House, safeguarding democratic principles, and upholding the integrity of the legislative process. Their role is vital for preserving the balance between order and freedom of expression, crucial for a vibrant democracy like Indiaโs.