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spokesman of the House, and his decision in all Parliamentary | matters is final. He is thus much more than merely the presiding | officer of the Lok Sabha. In these capacities, he is vested with |
vast, varied and vital responsibilities and enjoys great honour, | high dignity and supreme authority within the House. | The Speaker of the Lok Sabha derives his powers and duties |
from three sources, that is, the Constitution of India, the Rules of | Procedure and Conduct of Business of Lok Sabha, and | Parliamentary Conventions (residuary powers that are unwritten |
or unspecified in the Rules). Altogether, he has the following | powers and duties: | 1. He maintains order and decorum in the House for |
conducting its business and regulating its proceedings. This | is his primary responsibility and he has final power in this | regard. |
2. He is the final interpreter of the provisions of (a) the | Constitution of India, (b) the Rules of Procedure and | Conduct of Business of Lok Sabha, and (c) the |
parliamentary precedents, within the House. | 3. He adjourns the House or suspends the meeting in absence | of a quorum. The quorum to constitute a meeting of the |
House is one-tenth of the total strength of the House. | 4. He does not vote in the first instance. But he can exercise a | casting vote in the case of a tie. In other words, only when |
the House is divided equally on any question, the Speaker is | entitled to vote. Such vote is called casting vote, and its | purpose is to resolve a deadlock. |
5. He presides over a joint setting 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. |
6. He can allow a ‘secret’ sitting of the House at the request of | the Leader of the House. When the House sits in secret, no | stranger can be present in the chamber, lobby or galleries |
except with the permission of the Speaker. | 7. He decides whether a bill is a money bill or not and his | decision on this question is final. When a money bill is |
presented to the President for assent, the Speaker endorses | on the bill his certificate that it is a money bill. | 8. He 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. In 1992, the Supreme | Court ruled that the decision of the Speaker in this regard is |
subject to judicial review10 . | 9. He acts as the ex-officio chairman of the Indian | Parliamentary Group 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. |
10. He appoints the chairman of all the parliamentary | committees of the Lok Sabha and supervises their | functioning. He himself is the chairman of the Business |
Advisory Committee, the Rules Committee and the General | Purpose Committee. | Independence and Impartiality |
As the office of the Speaker is vested with great prestige, position | and authority, independence and impartiality becomes its sine qua | non11 . |
The following provisions ensure the independence and | impartiality of the office of the Speaker: | 1. He is provided with a security of tenure. He can be removed |
only by a resolution passed by the Lok Sabha by a special | majority (ie, a majority of all the then members of the House) | and not by an ordinary majority (ie, a majority of the |
members present and voting in the House). This motion of | removal can be considered and discussed only when it has | the support of at least 50 members. |
2. His salaries and allowances are fixed by Parliament. They | are charged on the Consolidated Fund of India and thus are | not subject to the annual vote of Parliament. |
3. His work and conduct cannot be discussed and criticised in | the Lok Sabha except on a substantive motion. | 4. His powers of regulating procedure or conducting business |
jurisdiction of any Court. | 5. He cannot vote in the first instance. He can only exercise a | casting vote in the event of a tie. This makes the position of |
Speaker impartial. | 6. He is given a very high position in the order of precedence. | He is placed at seventh rank, along with the Chief Justice of |
India. This means, he has a higher rank than all cabinet | ministers, except the Prime Minister or Deputy Prime | Minister. |
In Britain, the Speaker is strictly a nonparty man. There is a | convention that the Speaker has to resign from his party and | remain politically neutral. This healthy convention is not fully |
established in India where the Speaker does not resign from the | membership of his party on his election to the exalted office. | Deputy Speaker of Lok Sabha |
Like the Speaker, the Deputy Speaker is also elected by the Lok | Sabha itself from amongst its members. He is elected after the | election of the Speaker has taken place. The date of election of |
the Deputy Speaker is fixed by the Speaker. Whenever the office | of the Deputy Speaker falls vacant, the Lok Sabha elects another | member to fill the vacancy. |
Like the Speaker, the Deputy Speaker remains in office usually | during the life of the Lok Sabha. However, he may 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 Speaker; and | 3. if he is removed by a resolution passed by a majority of all |
the then members of the Lok Sabha. Such a resolution can | be moved only after giving 14 days’ advance notice. | The Deputy Speaker performs the duties of the Speaker’s office |
when it is vacant. He also acts as the Speaker when the latter is | absent from the sitting of the House. In both the cases, he | assumes all the powers of the Speaker. He also presides over the |
joint sitting of both the Houses of Parliament, in case the Speaker | is absent from such a sitting. | It should be noted here that the Deputy Speaker is not |
House. | The Deputy Speaker has one special privilege, that is, | whenever he is appointed as a member of a parliamentary |
committee, he automatically becomes its chairman. | Like the Speaker, the Deputy Speaker, while presiding over the | House, cannot vote in the first instance; he can only exercise a |
casting vote in the case of a tie. Further, when a resolution for the | removal of the Deputy Speaker is under consideration of the | House, he cannot preside at the sitting of the House, though he |
may be present. | When the Speaker presides over the House, the Deputy | Speaker is like any other ordinary member of the House. He can |
speak in the House, participate in its proceedings and vote on any | question before the House. | The Deputy Speaker is entitled to a regular salary and |
allowance fixed by Parliament, and charged on the Consolidated | Fund of India. | Upto the 10th Lok Sabha, both the Speaker and the Deputy |
Speaker were usually from the ruling party. Since the 11th Lok | Sabha, there has been a consensus that the Speaker comes from | the ruling party (or ruling alliance) and the post of Deputy Speaker |
goes to the main opposition party. | The Speaker and the Deputy Speaker, while assuming their | offices, do not make and subscribe any separate oath or |
affirmation. | 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 and the same nomenclature |
continued till 1947. Before 1921, the Governor-General of India | used to preside over the meetings of the Central Legislative | Council. In 1921, the Frederick Whyte and Sachidanand Sinha |
were appointed by the Governor-General of India as the first | Speaker and the first Deputy Speaker (respectively) of the central | legislative assembly. In 1925, Vithalbhai J. Patel became the first |
nomenclatures of President and Deputy President of the Central | Legislative Assembly to the Speaker and Deputy Speaker | respectively. However, the old nomenclature continued till 1947 as |
the federal part of the 1935 Act was not implemented. G.V. | Mavalankar and Ananthasayanam Ayyangar had the distinction of | being the first Speaker and the first Deputy Speaker (respectively) |
of the Lok Sabha. G.V. Mavalankar also held the post of Speaker | in the Constituent Assembly (Legislative) as well as the | provisional Parliament. He held the post of Speaker of Lok Sabha |
continuously for one decade from 1946 to 1956. | Panel of Chairpersons of Lok Sabha | Under the Rules of Lok Sabha, the Speaker nominates from |
amongst the members a panel of not more than ten chairpersons. | Any of them can preside over the House in the absence of the | Speaker or the Deputy Speaker. He has the same powers as the |
Speaker when so presiding. He holds office until a new panel of | chairpersons is nominated. When a member of the panel of | chairpersons is also not present, any other person as determined |
by House acts as the Speaker. | It must be emphasised here that a member of the panel of | chairpersons cannot preside over the House, when the office of |
the Speaker or the Deputy Speaker is vacant. During such time, | the Speaker’s duties are to be performed by such member of the | House as the President may appoint for the purpose. The |
elections are held, as soon as possible, to fill the vacant posts. | Speaker Pro Tem | As provided by the Constitution, the Speaker of the last Lok |
Sabha vacates his office immediately before the first meeting of | the newly-elected Lok Sabha. Therefore, the President appoints a | member of the Lok Sabha as the Speaker Pro Tem. Usually, the |
seniormost member is selected for this. The President himself | administers oath to the Speaker Pro Tem. | The Speaker Pro Tem has all the powers of the Speaker. He |
main duty is to administer oath to the new members. He also | enables 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. Hence, this office is a | temporary office, existing for a few days12 . | Chairman of Rajya Sabha |
The presiding officer of the Rajya Sabha is known as the | Chairman. The vice-president of India is the ex-officio Chairman of | the Rajya Sabha. During any period when the VicePresident acts |
as President or discharges the functions of the President, he does | not perform the duties of the office of the Chairman of Rajya | Sabha. |
The Chairman of the Rajya Sabha can be removed from his | office only if he is removed from the office of the Vice-President. | As a presiding officer, the powers and functions of the Chairman |
in the Rajya Sabha are similar to those of the Speaker in the Lok | Sabha. However, the Speaker has two special powers which are | not enjoyed by the Chairman: |
1. The Speaker decides whether a bill is a money bill or not | and his decision on this question is final. | 2. The Speaker presides over a joint sitting of two Houses of |
Parliament. | Unlike the Speaker (who is a member of the House), the | Chairman is not a member of the House. But like the Speaker, the |
Chairman also cannot vote in the first instance. He too can cast a | vote in the case of an equality of votes. | The Vice-President cannot preside over a sitting of the Rajya |
Sabha as its Chairman when a resolution for his removal is under | consideration. However, he can be present and speak in the | House and can take part in its proceedings, without voting, even |
at such a time (while the Speaker can vote in the first instance | when a resolution for his removal is under consideration of the | Lok Sabha). |
As in case of the Speaker, the salaries and allowances of the | Chairman are also fixed by the Parliament. They are charged on | the Consolidated Fund of India and thus are not subject to the |
During any period when the Vice-President acts as President or | discharges the functions of the President, he is not entitled to any | salary or allowance payable to the Chairman of the Rajya Sabha. |
But he is paid the salary and allowance of the President during | such a time. | Deputy Chairman of Rajya Sabha |
The Deputy Chairman is elected by the Rajya Sabha itself from | amongst its members. Whenever the office of the Deputy | Chairman falls vacant, the Rajya Sabha elects another member to |
fill the vacancy. | The Deputy Chairman vacates his office in any of the following | three cases: |
1. if he ceases to be a member of the Rajya Sabha; | 2. if he resigns by writing to the Chairman; and | 3. if he is removed by a resolution passed by a majority of all |
the then members of the Rajya Sabha. Such a resolution | can be moved only after giving 14 days’ advance notice. | The Deputy Chairman performs the duties of the Chairman’s |
office when it is vacant or when the Vice-President acts as | President or discharges the functions of the President. He also | acts as the Chairman when the latter is absent from the sitting of |
the House. In both the cases, he has all the powers of the | Chairman. | It should be emphasised here that the Deputy Chairman is not |
subordinate to the Chairman. He is directly responsible to the | Rajya Sabha. | Like the Chairman, the Deputy Chairman, while presiding over |
the House, cannot vote in the first instance; he can only exercise | a casting vote in the case of a tie. Further, when a resolution for | the removal of the Deputy Chairman is under consideration of the |
House, he cannot preside over a sitting of the House, though he | may be present. | When the Chairman presides over the House, the Deputy |
Chairman is like any other ordinary member of the House. He can | speak in the House, participate in its proceedings and vote on any | question before the House. |
Like the Chairman, the Deputy Chairman is also entitled to a | regular salary and allowance. They are fixed by Parliament and | are charged on the Consolidated Fund of India. |
Panel of Vice-Chairpersons of Rajya Sabha | Under the Rules of Rajya Sabha, the Chairman nominates from | amongst the members a panel of vice-chairpersons. Any one of |
them can preside over the House in the absence of the Chairman | or the Deputy Chairman. He has the same powers as the | Chairman when so presiding. He holds office until a new panel of |
vice-chairpersons is nominated. | When a member of the panel of vicechairpersons is also not | present, any other person as determined by the House acts as the |
Chairman. | It must be emphasised here that a member of the panel of vice- | chairpersons cannot preside over the House, when the office of |
the Chairman or the Deputy Chairman is vacant. During such | time, the Chairman’s duties are to be performed by such member | of the House as the president may appoint for the purpose. The |
elections are held, as soon as possible, to fill the vacant posts. | Secretariat of Parliament | Each House of Parliament has separate secretarial staff of its |
own, though there can be some posts common to both the | Houses. Their recruitment and service conditions are regulated by | Parliament. The secretariat of each House is headed by a |
LEADERS IN PARLIAMENT | Leader of the House | Under the Rules of Lok Sabha, the ‘Leader of the House’ means |
the prime minister, if he is a member of the Lok Sabha, or a | minister who is a member of the Lok Sabha and is nominated by | the prime minister to function as the Leader of the House. There is |
also a ‘Leader of the House’ in the Rajya Sabha. He is a minister | and a member of the Rajya Sabha and is nominated by the prime | minister to function as such. The leader of the house in either |
House is an important functionary and exercises direct influence | on the conduct of business. He can also nominate a deputy leader | of the House. The same functionary in USA is known as the |
‘majority leader’. | Leader of the Opposition | In each House of Parliament, there is the ‘Leader of the |
Opposition’. The leader of the largest Opposition party having not | less than one-tenth seats of the total strength of the House is | recognised as the leader of the Opposition in that House. In a |
parliamentary system of government, the leader of the opposition | has a significant role to play. His main functions are to provide a | constructive criticism of the policies of the government and to |
provide an alternative government. Therefore, the leader of | Opposition in the Lok Sabha and the Rajya Sabha were accorded | statutory recognition in 1977. They are also entitled to the salary, |
allowances and other facilities equivalent to that of a cabinet | minister. It was in 1969 that an official leader of the opposition was | recognised for the first time. The same functionary in USA is |
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