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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