Speakers, Chairman and other offices of the Parliament

Presiding officers of the Parliament:

Both houses of the Parliament have a presiding officer; the Lok Sabha has a Speaker as the principal presiding officer and a deputy speaker to assist him/her and preside over the chair in his/her absence. Similarly, the Rajya Sabha is presided over by the Chairman (Chairperson) and assisted by the deputy chairperson, who performs the duties of the Chairperson in his/her absence.

Besides them, there is also a panel of chairpersons in the Loksabha and a panel of vice-chairpersons in the Rajya Sabha.

Speaker of the Lok Sabha

The Speaker is the principal presiding officer in the lower house of the Parliament. The office of Speaker is modelled on the Speaker of the House of Commons of Britain’s Parliament. S/he works non-partisanly and is the guardian of the house’s customs, powers and privileges and its members.

However, in India, the Speaker is not required to resign from the party, unlike Britain, where there is a convention of ‘once a speaker, always a speaker’.

Historical Background

• The post of Speaker and Deputy Speaker of Lok Sabha came into being in 1921 under the provisions of the Government of India Act 1919. Till 1947, the post of Speaker and Deputy Speaker were known as the President and Deputy President, respectively.
• Frederick Whyte and Sachchidanand Sinha were the first President and deputy president, respectively, of the central legislative assembly.
• Vithalbhai Patel became the first elected and first Indian President of the central legislative assembly in
• GV Mavalankar became the first Speaker of Lok Sabha of the independent India.

Election and Term of the Speaker

The Speaker is elected by the Lok Sabha amongst its members (after its first sitting) with a simple majority.

• The date of election is determined by the President.
• The term of the Lok Sabha speaker is co-terminus with the life of the Lok Sabha.

Oath: The Speaker and deputy speaker do not subscribe to separate oath or affirmation.

Removal of the Speaker

• The Speaker can be removed by passing a resolution by the majority of the members of the Lok Sabha (Absolute majority). It is required to give 14 days’ resolution before such resolution can be passed.
• The Speaker cannot preside over the proceedings of the Lok Sabha when the resolution to remove him/her is under consideration. Though s/he can take part, speak and vote (not in case of a tie) in the proceedings of the lower house.

Vacancy in the office of the Speaker

The office of the Speaker can become vacant if s/he:

1. He is no longer a member of Lok Sabha.
2. Resigns from the office by addressing the resignation letter to the deputy speaker.
3. It is removed by the Lok Sabha.

However, the Speaker does not vacate the office upon the dissolution of the Lok Sabha; s/he continues till the newly constituted Lok Sabha meets.

Roles, Powers and Function of the Speaker

The Speaker is the head and the chief spokesperson of the lower house. Besides presiding over the proceedings of the house, the Speaker is vested with various other powers and responsibilities, as derived from three sources:

1. Constitution of India
2. Rules of Procedure and conduct of business rules of the Lok Sabha
3. Parliamentary Conventions

The Speaker has the following roles and responsibilities:

• Presides over the meetings: The Speaker presides over the proceedings of the house and conducts meetings in the Lok Sabha. S/he also presides over the joint session of the house. S/he can allow secret meetings of the house at the request of the Leader of the house.
• Maintains discipline and decorum of the house: The Speaker has the power to ask a member to leave the house or even suspend the.
• Interpreter of Provisions related to the House: As presiding officer of Lok Sabha (or Joint Session), the Speaker is the final interpreter of the Constitution, Rules of procedure of the conduct of the Lok Sabha and parliamentary conventions and precedents with regard to the Lok Sabha.
• Maintains Quorum: The Speaker can adjourn the house or suspend the meeting of the house in case of absence of the quorum of the house, i.e. 1/10^th of the strength of the house.
• Principal Spokesperson of the house: The Speaker represents the collective voice of the house.
• Decides the agenda of proceeding: S/he has the sole authority to admit or reject motions like adjournment motions, no-confidence motions, calling attention notices, etc.
• Custodian of Privileges: Both the collective privileges and individual privileges are protected by the Speaker and can refer the complaints of breach of privilege to the Privileges committee of the Lok Sabha.
• Certification of the Money Bill: The Speaker certifies whether the bill is a money bill or not. S/he also authenticates the bill when it is sent for the consideration of the Rajya Sabha and when it is finally sent for the President’s assent.
• Casting Vote: S/he does not vote in the first instance but can cast a vote in case of a tie.
• Disqualification of members: The Speaker also adjudicates on the disqualification of the members on account of defections under the 10^th schedule of the Constitution.
• Constitutes Parliamentary Committees: The Speaker appoints the chairpersons of the parliamentary committees of the lower house and oversees the functioning of these committees. The Speaker himself/herself is the Chairperson of the following committees of the Lok Sabha:

1. 1. Business Advisory Committee
   2. General Purpose Committee
   3. Rules Committee

• Other Positions: S/he is the ex-officio Chairperson of the Indian Parliamentary Group of Inter-Parliamentary Union as well as the Chairperson of the conference of presiding officers of the legislative assemblies.

Wherever Speaker acts in his/her discretion, their decision is final, may it be certification to a money bill or interpretation of other constitutional, legal or parliamentary provisions.

Provisions that ensure Impartiality and independence of the Post of Speaker

The Constitution has made many provisions for the Speaker to ensure the independence of the Legislature.

1. Security of tenure: The Speaker can be removed only by a resolution passed by an absolute majority (majority of the total membership of the house). Such a motion can only be considered if at least 50 members support it.
2. Speaker’s remunerations are charged on the consolidated fund of India, which means it is not subject to voting by the Parliament.
3. Not allowed to vote in 1^st instance: To make its position impartial, s/he is allowed to vote only in a situation of tie.
4. The decision cannot be challenged in court: His/her function and power related to the maintenance of discipline and conducting business of the house does not come under the jurisdiction of any court.