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The Speaker of Lok Sabha: Roles, Powers and Constitutional Provisions- (Part 01)

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The Speaker of the Lok Sabha plays a crucial role in India’s parliamentary system. Elected by the members, the Speaker maintains order and ensures smooth proceedings in the House. With significant powers and responsibilities, the Speaker upholds impartiality and democratic values. This article explores the provisions and functions of the Speaker, highlighting their importance in the legislative process.

The Speaker of Lok Sabha

Provisions Related to the Speaker of Lok Sabha

  • Constitutional Provisions (Articles 93 to 97): Article 93 to 97 of the Indian Constitution constitute provisions related to both Speaker and Deputy Speaker
    • Article 93 of the Constitution provides for the Speaker and Deputy Speaker positions for the Lok Sabha.
  • Election Process: The Speaker is elected by the members of  Lok Sabha from amongst themselves by a simple majority of the members present and voting in the House. 
  • Powers and Authority: He enjoys vast authority and powers, under the Constitution and the Rules, as well as conventionally. 
    • The President fixes the date of election of the Speaker
  • Tenure During Dissolution: Whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

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Powers and duties of the office of the Speaker in India – 

Categorisation of Powers             Power/Duty                  Further Description
Conduct of Proceedings Maintaining Order and Decorum in the House
  • He ensures the smooth conduct of business
  • He regulates proceedings, holding the final power to maintain order and decorum.
Interpretative Authority Final Interpreter of Constitutional and Legislative Provisions in the House
  • He interprets the provisions of the Constitution, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary precedents within the House.
Regulatory Functions Adjournment in Absence of Quorum
  • He adjourns the House or suspends the meeting if there’s no quorum, which is one-tenth of the total strength of the House.
Voting Powers Casting Vote in Case of a Tie
  • He does not vote initially but has a casting vote to break a tie, thereby resolving deadlocks.
Joint Session Leadership Presiding Over Joint Sessions of Parliament
  • He presides over joint sessions of the two Houses of Parliament, which the President summons.
Confidential Proceedings Permission for ‘Secret’ Sittings
  • He can allow a secret sitting of the House at the request of the Leader of the House and control the presence of strangers during such sittings.
Legislative Powers Deciding on Money Bills
  • He decides if a bill is a money bill, with his decision being final. 
  • He endorses money bills with a certificate before they are sent to the Rajya Sabha.
Member Disqualification Disqualification on the  Grounds of Defection
  • He decides questions of disqualification of a Lok Sabha member arising from defection, this decision is subject to judicial review.
Parliamentary Liaison Ex-Officio Chairman of Parliamentary Groups and Conferences
  • He acts as the ex-officio chairman of the Indian Parliamentary Group and the conference of presiding officers of legislative bodies, facilitating communication between Indian and international legislative bodies and among the legislative bodies within the country.
Committee Oversight Appointments to Parliamentary Committees
  • He appoints the Chairman of all Parliamentary committees of the Lok Sabha and supervises their functioning. 
  • He serves as the chairman of the Business Advisory Committee, the Rules Committee, and the General Purpose Committee, overseeing key operations.
  • Impartiality and Equal Treatment: The Speaker is a respected and powerful figure who must act impartially, treating all Parliamentary members equally regardless of their party affiliation
  • Ensuring Democratic Proceedings: This ensures democratic proceedings, giving each member the opportunity to be heard. 
    • The impartiality of the office is ensured by the following provisions.
Provision for Independence and Impartiality Description
Security of Tenure
  • He enjoys the security of tenure and can only be removed by an effective majority of the Lok Sabha, which requires a majority of all the then members of the House.
  •  The motion of removal requires the support of at least 50 members for consideration and discussion.
Financial Independence
  • His salaries and allowances are fixed by the Parliament and are charged on the Consolidated Fund of India. 
  • Consequently, they are not subject to the annual vote of Parliament. (Article 97)
Protection from Discussion and Criticism
  • Discussions or criticisms regarding his work and conduct in the Lok Sabha are not permitted unless there is a substantive motion in place.
Judicial Immunity
  • He has the authority to regulate procedures, conduct business, and maintain order in the House without any interference from the jurisdiction of any Court. (Article 122)
Casting Voting Rights
  • He does not vote on issues except in the case of a tie
  • This casting vote provision ensures that his role remains neutral and unbiased. (Article 100)
High Rank in Order of Precedence
  • He holds a very high position in the order of precedence, placed at seventh rank alongside the Chief Justice of India, above all Cabinet Ministers except the Prime Minister or Deputy Prime Minister.

 

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Conclusion

In summary, the Speaker of the Lok Sabha is vital for effective governance and parliamentary democracy. 

  • Their authority extends to maintaining decorum, interpreting rules, and overseeing legislative processes. 
  • The provisions ensuring their independence further strengthen their role. Understanding these aspects helps appreciate the Speaker’s influence on India’s legislative framework.
Related Articles 
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Constitution: A Living Document The Importance Of Being The Lok Sabha Speaker

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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