Introduction
In the Lok
Sabha, both the Speaker and the Deputy Speaker are elected from among its
members by a simple majority of members present and voting in the House. As
such, no specific qualifications are prescribed for being elected as the
Speaker.
The
Constitution only requires that Speaker should be a member of the House. But,
Parliamentary conventions and procedure play a major while deciding the holder
of the office of the Speaker.
Usually, a
member belonging to the ruling party is elected as the Speaker. A healthy
convention, however, has evolved over the years whereby the ruling party
nominates its candidate after informal consultations with the 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. There are also
instances when members not belonging to the ruling party or coalition were elected
to the office of the Speaker[1].
The Speaker Pro
Tem presides over the sitting in which the Speaker is elected, if it is
a newly constituted House. If the election falls later in the life of a Lok Sabha
the Deputy Speaker presides.
Once the date
for the election of the Speaker has been approved by the President, any member
may give notice in writing, addressed to the Secretary-General, of a motion
that another Member be chosen as the Speaker of the House. This has to be
seconded by a third Member and has to be submitted before noon on the day
preceding the date of election. The motion for the ruling party alliance is
generally arranged by the Office of the Minister of Parliamentary Affairs, as
per his directions[2].
If any motion is
carried, the person presiding shall, without putting the latter motions,
declare that the member proposed in the motion which has been carried has been
chosen as the Speaker of the House. After the results are announced, the
Speaker-elect is 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[3].
Important
Constitutional Provisions
A. Article 93
states that Lok Sabha can choose any two members of the house as the Speaker
and the Deputy Speaker of the House. If the post falls vacant, the Lok Sabha
has the right to another members to be Speaker or Deputy Speaker, as the case
may be.
B. Article 94
talks about the disqualifications attached to the post of Speaker or Deputy
Speaker.
1. If he ceases
to be a member of the Lok Sabha.
2. If he
addresses his resignation in writing to the Deputy Speaker (Deputy Speaker can
address his resignation to the Speaker).
3. If he is
removed by a resolution of the Lok Sabha passed by a majority of all the then
members of the house.
4. When the Lok
Sabha is dissolved, the Speaker shall not vacate his office. He shall vacate
his office just before the first meeting of the House of the People after the
dissolution.
C. Article 95
mandates that while the office of Speaker is vacant, the duties of the office
shall be performed by the Deputy Speaker and if the office of Deputy Speaker is
also vacant, then the duties will be performed by a member of the Lok Sabha
appointed by the President for the purpose.
Same procedure
shall follow if the Speaker is absent from any sitting of the Lok Sabha.
However, if no such person is present, the House can determine any person to
act as the Speaker.
D. Normally, the
Speaker of the Lok Sabha shall not vote in the first instance, but shall
have and exercise a casting vote in the case of an equality of votes.
However, when
any resolution for the removal of the Speaker or the Deputy Speaker is under
consideration, the Speaker or the Deputy Speaker, shall not preside over the
House. In such cases, the Speaker shall have right to speak in the House. But,
he will not be entitled to vote in the case of an equality of votes in the
House on such an issue or a resolution.
E. The salaries
and allowances of the Speaker and the Deputy Speaker shall be charged on the
Consolidated Fund of India.
F. If a notice
under Article 352 (8) disapproving Proclamation of Emergency is given to
the Speaker, a special sitting shall be convened by the President for such
purpose.
G. Under 10th
Schedule (Anti-Defection), exemption is given to the Speaker and the Deputy
Speaker. Paragraph 5 of 10th Schedule states that a person who has been
elected to the office of the Speaker or the Deputy Speaker shall not be
disqualified:
a. If he, by
reason of his election to such office, voluntarily gives up the membership of
the political party to which he belonged immediately before such election and
does not, so long as he continues to hold such office thereafter, re-join that
political party or become a member of another political party.
b. If he, having
given up by reason of his election to such office his membership of the
political party to which he belonged immediately before such election, re-joins
such political party after he ceases to hold such office.
Important Duties of the
Speaker of Lok Sabha
1. When there is
no quorum in the House, it shall be the duty of the Speaker either to
adjourn the house or to suspend the meeting until there is a quorum.
2. Article
101 (3) states that Any Lok Sabha can submit his resignation in writing to
the Speaker. And if the Resignation is accepted by the Speaker, his seat shall
become vacant. However, if the Speaker is satisfied that such resignation is
not voluntary or genuine, he shall not accept such resignation.
3. Article
110 (3) prescribes that if any question arises whether a Bill is a Money
Bill or not, the decision of the Speaker of the House of the People thereon
shall be final. And every Money Bill shall be endorsed by a Certificate of the
Speaker stating that it is a Money Bill.
4. Normally
business in Parliament shall be transacted in Hindi or in English. However, the
Speaker may permit any member who cannot adequately express himself in Hindi or
in English to address the House in his mother-tongue.
5. Paragraph
6 of the 10th Schedule states that if any question arises as to whether a
member of the House has become subject to disqualification under 10th Schedule,
the question shall be referred for the decision of the Speaker and his decision
shall be final. However, where the question which has arisen is as to whether
the Speaker has become subject to such disqualification, the question shall be
referred for the decision of such member of the House as the House may elect in
this behalf and his decision shall be final.
6. Under Paragraph
8 (3) of the 10th Schedule, the Speaker may direct that any wilful
contravention by any person of the rules made under paragraph 8 may be dealt
with in the same manner as a breach of privilege of the House.
7. Article 56
(2) mandates that any resignation by the President addressed to the
Vice-President shall be communicated by him to the Speaker of the House of the
People.
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