jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
a constituency is known as single-member constituency. In this	system, a candidate who secures majority of votes is declared	elected. This simple majority system of representation does not
represent the whole electorate. In other words, it does not secure	due representation to minorities (small groups).	The system of proportional representation aims at removing the
defects of territorial representation. Under this system, all sections	of the people get representation in proportion to their number.	Even the smallest section of the population gets its due share of
representation in the legislature.	There are two kinds of proportional representation, namely,	single transferable vote system and list system. In India, the first
kind is adopted for the election of members to the Rajya Sabha	and state legislative council and for electing the President and the	Vice-President.
Though some members of the Constituent Assembly had	advocated the system of proportional representation for the	election of members to the Lok Sabha, the Constitution has not
adopted the system due to two reasons.	1. Difficulty for the voters to understand the system (which is	complicated) due to low literacy scale in the country.
2. Unsuitability to the parliamentary government due to the	tendency of the system to multiply political parties leading to	instability in government.
Additionally, the system of proportional representation has the	following demerits:	1. It is highly expensive.
2. It does not give any scope for organising by-elections.	3. It eliminates intimate contacts between voters and	representatives.
4. It promotes minority thinking and group interests.	5. It increases the significance of party system and decreases	that of voter.
DURATION OF TWO HOUSES	Duration of Rajya Sabha	The Rajya Sabha (first constituted in 1952) is a continuing
chamber, that is, it is a permanent body and not subject to	dissolution. However, one-third of its members retire every second	year. Their seats are filled up by fresh elections and presidential
nominations at the beginning of every third year. The retiring	members are eligible for re-election and renomination any number	of times.
The Constitution has not fixed the term of office of members of	the Rajya Sabha and left it to the Parliament. Accordingly, the	Parliament in the Representation of the People Act (1951)
provided that the term of office of a member of the Rajya Sabha	shall be six years. The act also empowered the president of India	to curtail the term of members chosen in the first Rajya Sabha. In
the first batch, it was decided by lottery as to who should retire.	Further, the act also authorised the President to make provisions	to govern the order of retirement of the members of the Rajya
Sabha6 .	Duration of Lok Sabha	Unlike the Rajya Sabha, the Lok Sabha is not a continuing
chamber. Its normal term is five years from the date of its first	meeting after the general elections, after which it automatically	dissolves. However, the President is authorised to dissolve the
Lok Sabha at any time even before the completion of five years	and this cannot be challenged in a court of law.	Further, the term of the Lok Sabha can be extended during the
period of national emergency be a law of Parliament for one year	at a time7 for any length of time. However, this extension cannot	continue beyond a period of six months after the emergency has
MEMBERSHIP OF PARLIAMENT	Qualifications	The Constitution lays down the following qualifications for a
person to be chosen a member of the Parliament:	1. He must be a citizen of India.	2. He must make and subscribe to an oath or affirmation
before the person authorised by the election commission for	this purpose. In his oath or affirmation, he swears	(a) To bear true faith and allegiance to the Constitution of
India	(b) To uphold the sovereignty and integrity of India	3. He must be not less than 30 years of age in the case of the
Rajya Sabha and not less than 25 years of age in the case	of the Lok Sabha.	4. He must posses other qualifications prescribed by
Parliament.	The Parliament has laid down the following additional	qualifications in the Representation of People Act (1951).
1. He must be registered as an elector for a parliamentary	constituency. This is same in the case of both, the Rajya	Sabha and the Lok Sabha. The requirement that a candidate
contesting an election to the Rajya Sabha from a particular	state should be an elector in that particular state was	dispensed with in 2003. In 2006, the Supreme Court upheld
the constitutional validity of this change.	2. He must be a member of a scheduled caste or scheduled	tribe in any state or union territory, if he wants to contest a
seat reserved for them. However, a member of scheduled	castes or scheduled tribes can also contest a seat not	reserved for them.
Disqualifications	Under the Constitution, a person shall be disqualified for being	elected as a member of Parliament:
1. if he holds any office of profit under the Union or state	government (except that of a minister or any other office	exempted by Parliament).8
2. if he is of unsound mind and stands so declared by a court.	3. if he is an undischarged insolvent.	4. if he is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state or is under any	acknowledgement of allegiance to a foreign state; and	5. if he is so disqualified under any law made by Parliament.
The Parliament has laid down the following additional	disqualifications in the Representation of People Act (1951):	1. He must not have been found guilty of certain election
offences or corrupt practices in the elections.	2. He must not have been convicted for any offence resulting in	imprisonment for two or more years. But, the detention of a
person under a preventive detention law is not a	disqualification.	3. He must not have failed to lodge an account of his election
expenses within the time.	4. He must not have any interest in government contracts,	works or services.
5. He must not be a director or managing agent nor hold an	office of profit in a corporation in which the government has	at least 25 per cent share.
6. He must not have been dismissed from government service	for corruption or disloyalty to the State.	7. He must not have been convicted for promoting enmity
between different groups or for the offence of bribery.	8. He must not have been punished for preaching and	practising social crimes such as untouchability, dowry and
sati.	On the question whether a member is subject to any of the	above disqualifications, the president’s decision is final. However,
he should obtain the opinion of the election commission and act	accordingly.	Disqualification on Ground of Defection
The Constitution also lays down that a person shall be disqualified	from being a member of Parliament if he is so disqualified on the	ground of defection under the provisions of the Tenth Schedule. A
member incurs disqualification under the defection law:	1. if he voluntary gives up the membership of the political party	on whose ticket he is elected to the House;
2. if he votes or abstains from voting in the House contrary to	any direction given by his political party;	3. if any independently elected member joins any political
party; and	4. if any nominated member joins any political party after the	expiry of six months.
The question of disqualification under the Tenth Schedule is	decided by the Chairman in the case of Rajya Sabha and Speaker	in the case of Lok Sabha (and not by the president of India). In
1992, the Supreme Court ruled that the decision of the Chairman/	Speaker in this regard is subject to judicial review.	Vacating of Seats
In the following cases, a member of Parliament vacates his seat.	1. Double Membership	A person cannot be a member of both Houses of Parliament at
the same time. Thus, the Representation of People Act (1951)	provides for the following:	(a) If a person is elected to both the Houses of Parliament, he
must intimate within 10 days in which House he desires to	serve. In default of such intimation, his seat in the Rajya	Sabha becomes vacant.
(b) If a sitting member of one House is also elected to the other	House, his seat in the first House becomes vacant.	(c) If a person is elected to two seats in a House, he should
exercise his option for one. Otherwise, both seats become	vacant.	Similarly, a person cannot be a member of both the Parliament
and the state legislature at the same time. If a person is so	elected, his seat in Parliament becomes vacant if he does not	resign his seat in the state legislature within 14 days9 .
2. Disqualification	If a member of Parliament becomes subject to any of the	disqualifications specified in the Constitution, his seat becomes
vacant. Here, the list of disqualifications also include the	disqualification on the grounds of defection under the provisions of	the Tenth Schedule of the Constitution.
3. Resignation	A member may resign his seat by writing to the Chairman of Rajya	Sabha or Speaker of Lok Sabha, as the case may be. The seat
falls vacant when the resignation is accepted. However, the	Chairman/ Speaker may not accept the resignation if he is	satisfied that it is not voluntary or genuine.
4. Absence	A House can declare the seat of a member vacant if he is absent	from all its meetings for a period of sixty days without its
permission. In computing the period of sixty days, no account	shall be taken of any period during which the House is prorogued	or adjourned for more than four consecutive days.
5. Other cases	A member has to vacate his seat in the Parliament:	(a) if his election is declared void by the court;
(b) if he is expelled by the House;	(c) if he is elected to the office of President or Vice-President;	and
(d) if he is appointed to the office of governor of a state.	If a disqualified person is elected to the Parliament, the	Constitution lays down no procedure to declare the election void.
This matter is dealt by the Representation of the People Act	(1951), which enables the high court to declare an election void if	a disqualified candidate is elected. The aggrieved party can
appeal to the Supreme Court against the order of the high court in	this regard.	Oath or Affirmation
Every member of either House of Parliament, before taking his	seat in the House, has to make and subscribe to an oath or	affirmation before the President or some person appointed by him
for this purpose. In his oath or affirmation, a member of Parliament	swears:	1. to bear true faith and allegiance to the Constitution of India;
2. to uphold the sovereignty and integrity of India; and	3. to faithfully discharge the duty upon which he is about to	enter.
Unless a member takes the oath, he cannot vote and	participate in the proceedings of the House and does not become	eligible to parliamentary privileges and immunities.
A person is liable to a penalty of ₹500 for each day he sits or	votes as a member in a House in the following conditions:	1. Before taking and subscribing to the prescribed oath or
affirmation; or	2. When he knows that he is not qualified or that he is	disqualified for its membership; or
3. When he knows that he is prohibited from sitting or voting in	the House by virtue of any parliamentary law.	Salaries and Allowances
Members of either House of Parliament are entitled to receive	such salaries and allowances as may be determined by	Parliament, and there is no provision of pension in the
Constitution. However, Parliament has provided pension to the	members.	In 1954, the Parliament enacted the Salaries, Allowances and
Pension of Members of Parliament Act. In 2018, the salary of	members was increased from ₹50,000 to ₹1,00,000 per month,	the constituency allowance from ₹45,000 to ₹70,000 per month
and the office expenses allowance from ₹45,000 to ₹60,000 per	month. Earlier in 2010, the daily allowance was increased from	₹1,000 to ₹2,000 for each day of residence on duty.
From 1976, the members are also entitled to a pension on a	graduated scale for each five-year-term as members of either	House of Parliament. Besides, they are provided with travelling
facilities, free accommodation, telephone, vehicle advance,	medical facilities and so on.	The salaries and allowances of the Speaker and Deputy
Speaker of Lok Sabha and the Chairman and Deputy Chairman of	Rajya Sabha are also determined by Parliament. They are	charged on the Consolidated Fund of India and thus are not
subject to the annual vote of Parliament.	In 1953, the Parliament enacted the Salaries and Allowances of	Officers of Parliament Act. Under this Act, “Officer of Parliament”
means any of the following officers, namely, the Chairman and	Deputy Chairman of the Rajya Sabha and the Speaker and the	Deputy Speaker of the Lok Sabha. In 2018, the Parliament
increased the salary of the Chairman of the Rajya Sabha from	₹1.25 lakh to ₹4 lakh per month9a. Similarly, other Officers of	Parliament (i.e., the Speaker and the Deputy Speaker of the Lok
Sabha and the Deputy Chairman of the Rajya Sabha) are entitled	to receive a salary per month at the same rates as are payable to	the Members of Parliament.9b Further, each Officer of Parliament
(other than the Chairman of the Rajya Sabha) is entitled to receive	a daily allowance (for each day during the whole of his term) at	the same rate as is payable to the Members of Parliament.9c Also,
each Officer of Parliament (other than the Chairman of the Rajya	Sabha) is entitled to receive a constituency allowance at the same	rate as is payable to the Members of Parliament.9d
According to the same Act, the sumptuary allowance is paid to	the Speaker of the Lok Sabha at the same rate as is payable to a	Cabinet Minister9e (i.e., ₹2,000 per month). Likewise, the
sumptuary allowance is paid to the Deputy Speaker of the Lok	Sabha and the Deputy Chairman of the Rajya Sabha at the same	rate as is payable to a Minister of State9f (i.e., ₹1000 per month).
PRESIDING OFFICERS OF PARLIAMENT	Each House of Parliament has its own presiding officer. There is a	Speaker and a Deputy Speaker for the Lok Sabha and a
Chairman and a Deputy Chairman for the Rajya Sabha. A panel of	chairpersons for the Lok Sabha and a panel of vice-chairpersons	for the Rajya Sabha is also appointed.
Speaker of Lok Sabha	Election and Tenure	The Speaker is elected by the Lok Sabha from amongst its
members (as soon as may be, after its first sitting). Whenever the	office of the Speaker falls vacant, the Lok Sabha elects another	member to fill the vacancy. The date of election of the Speaker is
fixed by the President.	Usually, the Speaker remains in office during the life of the Lok	Sabha. However, he has to vacate his office earlier in any of the
following three cases:	1. if he ceases to be a member of the Lok Sabha;	2. if he resigns by writing to the Deputy Speaker; and
3. if he is removed by a resolution passed by a majority of all	then members of the Lok Sabha. Such a resolution can be	moved only after giving 14 days’ advance notice.
When a resolution for the removal of the Speaker is under	consideration of the House, he cannot preside at the sitting of the	House, though he may be present. However, he can speak and
take part in the proceedings of the House at such a time and vote	in the first instance, though not in the case of an equality of votes.	It should be noted here that, whenever the Lok Sabha is
dissolved, the Speaker does not vacate his office and continues	till the newly-elected Lok Sabha meets.	Role, Powers and Functions
The Speaker is the head of the Lok Sabha, and its representative.	He is the guardian of powers and privileges of the members, the	House as a whole and its committees. He is the principal

a constituency is known as single-member constituency. In this

system, a candidate who secures majority of votes is declared

elected. This simple majority system of representation does not

represent the whole electorate. In other words, it does not secure

due representation to minorities (small groups).

The system of proportional representation aims at removing the

defects of territorial representation. Under this system, all sections

of the people get representation in proportion to their number.

Even the smallest section of the population gets its due share of

representation in the legislature.

There are two kinds of proportional representation, namely,

single transferable vote system and list system. In India, the first

kind is adopted for the election of members to the Rajya Sabha

and state legislative council and for electing the President and the

Vice-President.

Though some members of the Constituent Assembly had

advocated the system of proportional representation for the

election of members to the Lok Sabha, the Constitution has not

adopted the system due to two reasons.

1. Difficulty for the voters to understand the system (which is

complicated) due to low literacy scale in the country.

2. Unsuitability to the parliamentary government due to the

tendency of the system to multiply political parties leading to

instability in government.

Additionally, the system of proportional representation has the

following demerits:

1. It is highly expensive.

2. It does not give any scope for organising by-elections.

3. It eliminates intimate contacts between voters and

representatives.

4. It promotes minority thinking and group interests.

5. It increases the significance of party system and decreases

that of voter.

DURATION OF TWO HOUSES

Duration of Rajya Sabha

The Rajya Sabha (first constituted in 1952) is a continuing

chamber, that is, it is a permanent body and not subject to

dissolution. However, one-third of its members retire every second

year. Their seats are filled up by fresh elections and presidential

nominations at the beginning of every third year. The retiring

members are eligible for re-election and renomination any number

of times.

The Constitution has not fixed the term of office of members of

the Rajya Sabha and left it to the Parliament. Accordingly, the

Parliament in the Representation of the People Act (1951)

provided that the term of office of a member of the Rajya Sabha

shall be six years. The act also empowered the president of India

to curtail the term of members chosen in the first Rajya Sabha. In

the first batch, it was decided by lottery as to who should retire.

Further, the act also authorised the President to make provisions

to govern the order of retirement of the members of the Rajya

Sabha6 .

Duration of Lok Sabha

Unlike the Rajya Sabha, the Lok Sabha is not a continuing

chamber. Its normal term is five years from the date of its first

meeting after the general elections, after which it automatically

dissolves. However, the President is authorised to dissolve the

Lok Sabha at any time even before the completion of five years

and this cannot be challenged in a court of law.

Further, the term of the Lok Sabha can be extended during the

period of national emergency be a law of Parliament for one year

at a time7 for any length of time. However, this extension cannot

continue beyond a period of six months after the emergency has

MEMBERSHIP OF PARLIAMENT

Qualifications

The Constitution lays down the following qualifications for a

person to be chosen a member of the Parliament:

1. He must be a citizen of India.

2. He must make and subscribe to an oath or affirmation

before the person authorised by the election commission for

this purpose. In his oath or affirmation, he swears

(a) To bear true faith and allegiance to the Constitution of

India

(b) To uphold the sovereignty and integrity of India

3. He must be not less than 30 years of age in the case of the

Rajya Sabha and not less than 25 years of age in the case

of the Lok Sabha.

4. He must posses other qualifications prescribed by

Parliament.

The Parliament has laid down the following additional

qualifications in the Representation of People Act (1951).

1. He must be registered as an elector for a parliamentary

constituency. This is same in the case of both, the Rajya

Sabha and the Lok Sabha. The requirement that a candidate

contesting an election to the Rajya Sabha from a particular

state should be an elector in that particular state was

dispensed with in 2003. In 2006, the Supreme Court upheld

the constitutional validity of this change.

2. He must be a member of a scheduled caste or scheduled

tribe in any state or union territory, if he wants to contest a

seat reserved for them. However, a member of scheduled

castes or scheduled tribes can also contest a seat not

reserved for them.

Disqualifications

Under the Constitution, a person shall be disqualified for being

elected as a member of Parliament:

1. if he holds any office of profit under the Union or state

government (except that of a minister or any other office

exempted by Parliament).8

2. if he is of unsound mind and stands so declared by a court.

3. if he is an undischarged insolvent.

4. if he is not a citizen of India or has voluntarily acquired the

citizenship of a foreign state or is under any

acknowledgement of allegiance to a foreign state; and

5. if he is so disqualified under any law made by Parliament.

The Parliament has laid down the following additional

disqualifications in the Representation of People Act (1951):

1. He must not have been found guilty of certain election

offences or corrupt practices in the elections.

2. He must not have been convicted for any offence resulting in

imprisonment for two or more years. But, the detention of a

person under a preventive detention law is not a

disqualification.

3. He must not have failed to lodge an account of his election

expenses within the time.

4. He must not have any interest in government contracts,

works or services.

5. He must not be a director or managing agent nor hold an

office of profit in a corporation in which the government has

at least 25 per cent share.

6. He must not have been dismissed from government service

for corruption or disloyalty to the State.

7. He must not have been convicted for promoting enmity

between different groups or for the offence of bribery.

8. He must not have been punished for preaching and

practising social crimes such as untouchability, dowry and

sati.

On the question whether a member is subject to any of the

above disqualifications, the president’s decision is final. However,

he should obtain the opinion of the election commission and act

accordingly.

Disqualification on Ground of Defection

The Constitution also lays down that a person shall be disqualified

from being a member of Parliament if he is so disqualified on the

ground of defection under the provisions of the Tenth Schedule. A

member incurs disqualification under the defection law:

1. if he voluntary gives up the membership of the political party

on whose ticket he is elected to the House;

2. if he votes or abstains from voting in the House contrary to

any direction given by his political party;

3. if any independently elected member joins any political

party; and

4. if any nominated member joins any political party after the

expiry of six months.

The question of disqualification under the Tenth Schedule is

decided by the Chairman in the case of Rajya Sabha and Speaker

in the case of Lok Sabha (and not by the president of India). In

1992, the Supreme Court ruled that the decision of the Chairman/

Speaker in this regard is subject to judicial review.

Vacating of Seats

In the following cases, a member of Parliament vacates his seat.

1. Double Membership

A person cannot be a member of both Houses of Parliament at

the same time. Thus, the Representation of People Act (1951)

provides for the following:

(a) If a person is elected to both the Houses of Parliament, he

must intimate within 10 days in which House he desires to

serve. In default of such intimation, his seat in the Rajya

Sabha becomes vacant.

(b) If a sitting member of one House is also elected to the other

House, his seat in the first House becomes vacant.

(c) If a person is elected to two seats in a House, he should

exercise his option for one. Otherwise, both seats become

vacant.

Similarly, a person cannot be a member of both the Parliament

and the state legislature at the same time. If a person is so

elected, his seat in Parliament becomes vacant if he does not

resign his seat in the state legislature within 14 days9 .

2. Disqualification

If a member of Parliament becomes subject to any of the

disqualifications specified in the Constitution, his seat becomes

vacant. Here, the list of disqualifications also include the

disqualification on the grounds of defection under the provisions of

the Tenth Schedule of the Constitution.

3. Resignation

A member may resign his seat by writing to the Chairman of Rajya

Sabha or Speaker of Lok Sabha, as the case may be. The seat

falls vacant when the resignation is accepted. However, the

Chairman/ Speaker may not accept the resignation if he is

satisfied that it is not voluntary or genuine.

4. Absence

A House can declare the seat of a member vacant if he is absent

from all its meetings for a period of sixty days without its

permission. In computing the period of sixty days, no account

shall be taken of any period during which the House is prorogued

or adjourned for more than four consecutive days.

5. Other cases

A member has to vacate his seat in the Parliament:

(a) if his election is declared void by the court;

(b) if he is expelled by the House;

(c) if he is elected to the office of President or Vice-President;

and

(d) if he is appointed to the office of governor of a state.

If a disqualified person is elected to the Parliament, the

Constitution lays down no procedure to declare the election void.

This matter is dealt by the Representation of the People Act

(1951), which enables the high court to declare an election void if

a disqualified candidate is elected. The aggrieved party can

appeal to the Supreme Court against the order of the high court in

this regard.

Oath or Affirmation

Every member of either House of Parliament, before taking his

seat in the House, has to make and subscribe to an oath or

affirmation before the President or some person appointed by him

for this purpose. In his oath or affirmation, a member of Parliament

swears:

1. to bear true faith and allegiance to the Constitution of India;

2. to uphold the sovereignty and integrity of India; and

3. to faithfully discharge the duty upon which he is about to

enter.

Unless a member takes the oath, he cannot vote and

participate in the proceedings of the House and does not become

eligible to parliamentary privileges and immunities.

A person is liable to a penalty of ₹500 for each day he sits or

votes as a member in a House in the following conditions:

1. Before taking and subscribing to the prescribed oath or

affirmation; or

2. When he knows that he is not qualified or that he is

disqualified for its membership; or

3. When he knows that he is prohibited from sitting or voting in

the House by virtue of any parliamentary law.

Salaries and Allowances

Members of either House of Parliament are entitled to receive

such salaries and allowances as may be determined by

Parliament, and there is no provision of pension in the

Constitution. However, Parliament has provided pension to the

members.

In 1954, the Parliament enacted the Salaries, Allowances and

Pension of Members of Parliament Act. In 2018, the salary of

members was increased from ₹50,000 to ₹1,00,000 per month,

the constituency allowance from ₹45,000 to ₹70,000 per month

and the office expenses allowance from ₹45,000 to ₹60,000 per

month. Earlier in 2010, the daily allowance was increased from

₹1,000 to ₹2,000 for each day of residence on duty.

From 1976, the members are also entitled to a pension on a

graduated scale for each five-year-term as members of either

House of Parliament. Besides, they are provided with travelling

facilities, free accommodation, telephone, vehicle advance,

medical facilities and so on.

The salaries and allowances of the Speaker and Deputy

Speaker of Lok Sabha and the Chairman and Deputy Chairman of

Rajya Sabha are also determined by Parliament. They are

charged on the Consolidated Fund of India and thus are not

subject to the annual vote of Parliament.

In 1953, the Parliament enacted the Salaries and Allowances of

Officers of Parliament Act. Under this Act, “Officer of Parliament”

means any of the following officers, namely, the Chairman and

Deputy Chairman of the Rajya Sabha and the Speaker and the

Deputy Speaker of the Lok Sabha. In 2018, the Parliament

increased the salary of the Chairman of the Rajya Sabha from

₹1.25 lakh to ₹4 lakh per month9a. Similarly, other Officers of

Parliament (i.e., the Speaker and the Deputy Speaker of the Lok

Sabha and the Deputy Chairman of the Rajya Sabha) are entitled

to receive a salary per month at the same rates as are payable to

the Members of Parliament.9b Further, each Officer of Parliament

(other than the Chairman of the Rajya Sabha) is entitled to receive

a daily allowance (for each day during the whole of his term) at

the same rate as is payable to the Members of Parliament.9c Also,

each Officer of Parliament (other than the Chairman of the Rajya

Sabha) is entitled to receive a constituency allowance at the same

rate as is payable to the Members of Parliament.9d

According to the same Act, the sumptuary allowance is paid to

the Speaker of the Lok Sabha at the same rate as is payable to a

Cabinet Minister9e (i.e., ₹2,000 per month). Likewise, the

sumptuary allowance is paid to the Deputy Speaker of the Lok

Sabha and the Deputy Chairman of the Rajya Sabha at the same

rate as is payable to a Minister of State9f (i.e., ₹1000 per month).

PRESIDING OFFICERS OF PARLIAMENT

Each House of Parliament has its own presiding officer. There is a

Speaker and a Deputy Speaker for the Lok Sabha and a

Chairman and a Deputy Chairman for the Rajya Sabha. A panel of

chairpersons for the Lok Sabha and a panel of vice-chairpersons

for the Rajya Sabha is also appointed.

Speaker of Lok Sabha

Election and Tenure

The Speaker is elected by the Lok Sabha from amongst its

members (as soon as may be, after its first sitting). Whenever the

office of the Speaker falls vacant, the Lok Sabha elects another

member to fill the vacancy. The date of election of the Speaker is

fixed by the President.

Usually, the Speaker remains in office during the life of the Lok

Sabha. However, he has to vacate his office earlier in any of the

following three cases:

1. if he ceases to be a member of the Lok Sabha;

2. if he resigns by writing to the Deputy Speaker; and

3. if he is removed by a resolution passed by a majority of all

then members of the Lok Sabha. Such a resolution can be

moved only after giving 14 days’ advance notice.

When a resolution for the removal of the Speaker is under

consideration of the House, he cannot preside at the sitting of the

House, though he may be present. However, he can speak and

take part in the proceedings of the House at such a time and vote

in the first instance, though not in the case of an equality of votes.

It should be noted here that, whenever the Lok Sabha is

dissolved, the Speaker does not vacate his office and continues

till the newly-elected Lok Sabha meets.

Role, Powers and Functions

The Speaker is the head of the Lok Sabha, and its representative.

He is the guardian of powers and privileges of the members, the

House as a whole and its committees. He is the principal