The Speaker of the Lok Sabha plays a crucial role in maintaining the order and functioning of India’s parliamentary system. Along with the Deputy Speaker and Pro-tem Speaker, they ensure smooth proceedings and represent the House effectively. The removal, resignation, and re-election processes for the Speaker are clearly outlined in the Constitution, emphasizing accountability. This article also compares the Indian Speaker’s role with that of the British Speaker, highlighting their distinct responsibilities and expectations.
The Speaker of Lok Sabha
Presiding Officers of the Parliament
| House |
Presiding Officer |
Role |
| Lok Sabha |
Speaker |
- Heads the Lok Sabha, ensures orderly conduct of business, and represents the house.
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| Deputy Speaker |
- Assists the Speaker and presides over the house in the Speaker’s absence.
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| Pro-tem Speaker |
- Presides over the house during the election of the new Speaker and performs duties of the Speaker temporarily.
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| Panel of Chairpersons |
- Members nominated by the Speaker to preside over the house in the Speaker’s and Deputy Speaker’s absence.
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| Rajya Sabha |
Chairman |
- Vice-President of India, presides over the Rajya Sabha and ensures orderly conduct of business.
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| Deputy Chairman |
- Assists the Chairman and presides over the house in the Chairman’s absence.
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| Panel of Vice-Chairpersons |
- Members nominated by the Chairman to preside over the house in the Chairman’s and Deputy Chairman’s absence.
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- Re-Election: The Speaker is elected by members of the legislative assembly (e.g., Lok Sabha in India) from among themselves.
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- If the position becomes vacant, a new Speaker is elected.
- There’s no limit on the number of times a member can be re-elected as the Speaker, as long as they retain their seat in the assembly.
- Resignation: The Speaker can resign from their office by writing to the Deputy Speaker.
- In legislative assemblies without a Deputy Speaker, the resignation is addressed to the assembly itself or as per specific procedures laid down in the rules of the house.
- Removal Process ( Article 94 ): The term of the Speaker aligns with that of the Lok Sabha, which is five years. Nevertheless, the Constitution empowers the Lower House to dismiss the Speaker if necessary.
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- Initiation of Removal Process: The House can initiate the removal through a resolution after giving 14 days’ notice, passed by an effective majority i.e. majority of the then members of the House , in accordance with Articles 94 and 96 of the Indian Constitution.
- Restrictions During Removal Consideration: When a resolution for the removal of the Speaker is under consideration of the House, he/she cannot preside over the sitting of the House, though he may be present.
- Participation in Proceedings: 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.
- Disqualification Under Representation of the People Act: Additionally, the Speaker may face removal if disqualified as a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951.
| It’s noteworthy that Dr. Neelam Sanjiva Reddy holds the distinction of being the only Speaker to resign from the office. Furthermore, he is unique in being the only Speaker who was subsequently elected as the President of India. |
Comparison between the office of Indian and British Speaker
| Criteria |
Indian Speaker |
British Speaker |
| Election |
- Elected from among the members of the Lok Sabha after a new assembly is formed.
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- Elected from among the members of the House of Commons, often unopposed in subsequent elections.
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| Partisanship |
- Expected to be impartial, but retains membership in their political party.
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- Required to be completely impartial and resign from their political party upon election.
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| Tenure |
- Continues in office even if the Lok Sabha is dissolved until a new Lok Sabha is formed.
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- Remains in office regardless of changes in government or general elections, until resignation or retirement.
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| Role in Parliamentary Proceedings |
- Has extensive powers to conduct the business of the House, including disciplinary actions.
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- Holds significant authority over the conduct of business in the House and maintains order.
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| Post-Tenure Practices |
- Can return to active party politics after their tenure as Speaker.
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- Traditionally steps down from the House of Commons and is often elevated to the House of Lords.
- The constituency of the Speaker is also kept uncontested as a form of convention by parties.
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Speaker Pro Tem
- Stepping Down of the Previous Speaker: When a new Lok Sabha is elected (after general elections), the Speaker from the previous Lok Sabha steps down right before the newly elected members (MPs) come together for the first sitting of the newly elected Lok Sabha.
- Article 95(1) Provision: States that when the office of the Speaker and the Deputy Speaker are vacant, such members of the House as the President may appoint shall perform the function of the Speaker.
- Appointment: Because the Lok Sabha needs someone to manage its meetings right from the start, the President of India steps in to appoint a temporary Speaker.
- This position is known as the Speaker Pro Tem.
- Usually, the senior most member is selected for this (senior most in terms of number of times elected in the house not by age ).
- Oath: The President administers the oath to the Speaker Pro Tem.
- Duty: The Speaker Pro Tem has the same authority as a full-time Speaker.
- They lead the very first session of the new Lok Sabha.
- The key job of the Speaker Pro Tem is to conduct the swearing-in of the new members of the Lok Sabha.
- Apart from that, they also help in the process of election of a new, permanent Speaker.
- Temporary nature of the position: Once the Lok Sabha selects its new Speaker, the role of the Speaker Pro Tem is no longer needed and thus ends.
- This temporary position is just for the initial days of the new Lok Sabha, to ensure that the house is functional and can carry out its duties like choosing a permanent Speaker.
Panel of Chairpersons
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- Absence of the Speaker: Acting Provisions: During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he/she is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as the Speaker [Article 95(2)].
- Nomination of Panel of Chairpersons: The Speaker nominates ten members to the Panel of Chairpersons either at the commencement of the House or from time to time guided by the Rules of Lok Sabha.
- In the absence of the Speaker and the Deputy Speaker, one of them presides over the sittings of the House.
- Vacancy of Speaker and Deputy Speaker: When the office of the Speaker and the Deputy Speaker is vacant then no member from the panel of chairpersons can preside over the sitting of the House.
- In this case a member is selected by the President for this purpose.
- Powers and Immunity of Panel of Chairpersons: The members of the Panel of Chairpersons have similar powers as the Presiding Officers when they preside over the sittings of the House.
- Also, the rulings of the Panel of Chairpersons are not subject to any criticism nor open to any debate or appeal.
Conclusion
Understanding the Speaker’s role, along with the Deputy and Pro-tem Speakers, is vital for appreciating the functioning of the Lok Sabha.
- The processes of resignation and removal ensure accountability, while the comparison with the British system offers insights into differing parliamentary traditions.
- The Panel of Chairpersons further supports parliamentary procedures when needed. Collectively, these roles uphold the integrity and efficiency of India’s legislative framework.
