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General Studies 2 >> Polity
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PRO-TEM SPEAKER
PRO-TEM SPEAKER
1.Context
As the 18th Lok Sabha prepares to meet, the TDP and JD(U), key allies of the BJP in the National Democratic Alliance (NDA), are said to be jockeying for the post of Speaker. After a pro tem or temporary Speaker administers the oath to new members, the Speaker is chosen to be the Presiding Officer of the House.
2.Who is pro-tem Speaker?
A Protem Speaker, or Pro Tempore Speaker, is a temporary or acting Speaker of a legislative body, such as a parliament or house of representatives. This position is typically filled when the regular Speaker is absent, incapacitated, or the position is vacant. The Protem Speaker carries out the duties and responsibilities of the Speaker during this interim period.
In many legislative systems, the Protem Speaker is often a senior or respected member of the legislature who is appointed to maintain the order and continuity of legislative proceedings. Their role is crucial in ensuring that legislative activities can continue without interruption and that procedural rules are followed
The pro-tem Speaker is appointed by the President of India. This appointment is typically made from among the senior-most members of the Lok Sabha. The role of the pro-tem Speaker is to preside over the first meeting of the newly elected Lok Sabha, administer the oath of office to new members, and oversee the election of the Speaker of the Lok Sabha.
3.What are the duties of the pro-tem Speaker?
Presiding Over the First Meeting: The pro-tem Speaker presides over the first meeting of the newly elected Lok Sabha until a regular Speaker is elected.
Administering the Oath: The pro-tem Speaker administers the oath of office to the newly elected members of the Lok Sabha. This is a crucial step to formally induct members so they can participate in parliamentary proceedings.
Conducting the Election of the Speaker: The pro-tem Speaker oversees the election process of the new Speaker of the Lok Sabha. This involves ensuring that the election is conducted fairly and in accordance with established parliamentary rules and procedures.
Maintaining Order: While presiding over the session, the pro-tem Speaker is responsible for maintaining order and decorum in the House, ensuring that proceedings are conducted smoothly.
The role of the pro-tem Speaker is temporary and primarily ceremonial, aimed at facilitating the initial proceedings of the new Lok Sabha. Once the Speaker is elected, the pro-tem Speaker's duties come to an end.
4.What are the constitutional provisions related to the Speaker?
The Speaker plays a crucial role in parliamentary democracy. The Constitution of India establishes the positions of the Speaker and Deputy Speaker, who, according to Article 93, are to be elected "as soon as may be" after the House convenes.
The Speaker is chosen by a simple majority vote in the House. Their term concludes with the dissolution of the House unless they resign or are removed from office beforehand.
According to Article 94 of the Constitution, a no-confidence motion against the Speaker requires a 14-day notice. Additionally, the Speaker, like any other member, can be disqualified.
There are no specific qualifications required to become the Speaker, meaning any member of the House can be considered. Nonetheless, the role of the Speaker is unique compared to other members.
The Speaker's salary is sourced from the Consolidated Fund of India, unlike the salaries of other MPs, which are determined by a statute passed by the House itself.
5.Powers of the Speaker
Managing House Affairs: The Speaker, in collaboration with the Leader of the House, determines the conduct of government proceedings. Members must obtain prior approval from the Speaker to raise questions or initiate discussions.
Handling Questions and Records: The Speaker assesses the suitability of questions raised by members and oversees the publication of House proceedings. She holds the authority to censor, either wholly or partially, any remarks deemed unparliamentary. Criticisms directed towards the ruling party may be omitted from publication if deemed necessary by the Speaker.
Exercising Casting Vote: As per Article 100 of the Constitution, regarding voting in legislative chambers, the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, or their substitutes, abstain from voting initially but may exercise a casting vote in the event of a tie.
No-confidence Motions: A Speaker's impartiality is especially crucial during motions of no-confidence against the government, impacting the Opposition significantly.
Disqualification of Members: Under the Tenth Schedule or anti-defection law, integrated into the Constitution via the Fifty-Second (Amendment) Act, 1985, the Speaker holds the authority to disqualify legislators who defect from their party.
In the landmark case of Kihoto Hollohan versus Zachillhu in 1992, the Supreme Court upheld the Speaker's authority, stating that only the Speaker's final decision is subject to judicial review. Furthermore, in 2020, the Supreme Court ruled that Speakers of Assemblies and the Lok Sabha must adjudicate disqualification petitions within three months, barring exceptional circumstances.
6.What are the roles and responsibilities of the Speaker?
The Speaker of a legislative body, such as the Speaker of the House of Representatives in the United States, plays a crucial role in the functioning of the legislative process. The responsibilities of the Speaker include a mix of procedural, administrative, and representative duties. Here are the key roles and responsibilities:
The Speaker maintains order during debates and ensures that legislative rules and procedures are followed.
They moderate debates, decide who may speak, and manage the flow of discussion on the floor.
The Speaker rules on points of order and interprets the House rules, ensuring fair and orderly conduct of business.
The Speaker oversees the administration of the House, including managing legislative staff and House offices.
They control the legislative agenda, deciding which bills and issues are considered and when they are debated.
The Speaker represents their congressional district, advocating for the interests and concerns of their constituents.
As a prominent political leader, the Speaker often represents the House and their party on national and international issues.
The Speaker has the power to appoint members to various committees, including selecting committee chairs and influencing the composition of committees.
They refer bills and resolutions to appropriate committees for consideration.
As the leader of the majority party in the House, the Speaker plays a key role in setting the party's legislative priorities and strategy.
They coordinate with party members to garner support for the party’s legislative agenda and ensure party discipline.
The Speaker acts as a spokesperson for the House, communicating its actions and policies to the public and the media.
They engage in negotiations with the Senate, the President, and other key political figures on major legislative issues.
The Speaker performs various ceremonial duties, such as presiding over joint sessions of Congress and representing the House at official events.
In summary, the Speaker's role is multifaceted, involving leadership, administrative oversight, procedural management, and representation. They are pivotal in shaping the legislative agenda, maintaining order in the House, and representing both their constituents and their party on the national stage.
7.What is the process for the removal of the Speaker?
The process for the removal of the Speaker of the House of Representatives involves several steps, typically initiated by members of the House. Here is an outline of the process:
Any member of the House can introduce a resolution known as a "motion to vacate the chair," which calls for the Speaker's removal.
The motion must be filed with the House Clerk.
The motion is referred to the House Rules Committee, which schedules it for consideration by the full House.
The House debates the motion. The length and terms of the debate are typically set by the Rules Committee.
Following the debate, the motion is put to a vote by the entire House of Representatives.
A simple majority (more than half of the members present and voting) is required to pass the motion.
If the motion to vacate the chair passes, the Speaker is removed from office immediately. The House then proceeds to elect a new Speaker.
If the motion does not receive a majority vote, the Speaker remains in office.
For Prelims:Indian Polity
For Mains:GS-II: Governance, Constitution, Polity
Previous year questions
1.Consider the following statements: (UPSC CSE 2017)
1. In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50 percent of the votes polled, to be declared elected.
2. According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker’s post goes to the majority party and the Deputy Speaker’s to the Opposition.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer(d)
The correct answer is option 4 i.e. Neither 1 nor 2. India has first past the post system of election for Lok Sabha or State Assembly, wherein a candidate who wins the election may not (need to) get majority (50%+1) votes. Also, the constitution of India has adopted the system of territorial representation for the election of members to the Lok Sabha or State Assembly. Under this system, MP or MLA represents a geographical area known as a constituency. From each constituency, only one representative is elected. Hence such a constituency is known as a single-member constituency. In this system, a candidate who secures the majority of votes is declared elected. Hence, statement 1 is not correct. Till 10th Lok Sabha, both the Deputy Speaker and the Speaker were usually from the ruling party. From the 11th Lok Sabha, there has been a consensus that the post of Deputy Speaker goes to the main opposition party and the Speaker comes from the ruling party (or ruling alliance). Meaning it's an 'informal consensus' among political parties and not Constitutional provision. Hence, statement 2 is not correct.
