Constitution of India

Introduction

The speaker of the Lok Sabha is the presiding officer and the highest authority of the Lok Sabha the lower house of the Parliament of India. The Speaker is the constitutional and ceremonial head of the House.

Speaker of the Lok Sabha

• Article 93 of the Constitution of India, 1950 (COI) deals with the speaker of the Lok Sabha.
• It states that the House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.

Qualifications for the Office of Speaker

• The COI requires that the Speaker should be a member of the House.
• Although there are no specific qualifications prescribed for being elected the Speaker, an understanding of the Constitution and the laws of the country is considered a major asset for the holder of the Office of the Speaker.
• Usually, a member belonging to the ruling party is elected Speaker.
• The process has evolved over the years where the ruling party nominates its candidate after informal consultations with 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.

Election and Term of Office of Speaker

• The Speaker (along with the Deputy Speaker) is elected from among the Lok Sabha members by a simple majority of members present and voting in the House.
• Once a decision on the candidate is taken, his/her name is normally proposed by the Prime Minister or the Minister of Parliamentary Affairs.
• The Speaker holds Office from the date of his/her election till immediately before the first meeting of the next Lok Sabha (for 5 years).
• He is also eligible for re-election.
• Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.

Resignation & Removal from the Office of Speaker

• As per Article 94 of the COI a member holding office as Speaker of the House of the People—

(a) Shall vacate his office if he ceases to be a member of the House of the People.

(b) May at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office.

(c) May be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House. Provided that no resolution for this purpose shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

• As per clause (1) of Article 96 of the COI at any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, shall not, though he is present, preside, and the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker, or, as the case may be, the Deputy Speaker, is absent.
• As per clause (2) of Article 96 of the COI, the Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the House of the People while any resolution for his removal from office is under consideration in the House and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

Salaries & Allowances of the Speaker

• As per Article 97 of the COI, Speaker of the House of the People, shall be paid such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.

Role and Powers of Speaker

• Interpretation: He/She is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha and the parliamentary precedents, within the House. In matters regarding interpretation of these provisions, he/she often gives rulings which are respected by members and are binding in nature.
• Joint Sitting of Both Houses: He/She presides over a joint sitting 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.
• Adjournment of Sitting: He/She can adjourn the House or suspend the meeting in absence one-tenth of the total strength of the House (called the quorum).
• Money Bill: He/She decides whether a bill is a money bill or not and his/her decision on this question is final.
• Disqualifying Members: It is the speaker who 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.
• Constitution of Committees: The Committees of the House are constituted by the speaker and function under the speaker’s overall direction.
• Privileges of the House: The Speaker is the guardian of the rights and privileges of the House, its committees and members. It depends solely on the Speaker to refer any question of privilege to the Committee of Privileges for examination, investigation and report.