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General Studies 2 >> Polity

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SPEAKER OF LOK SABHA

SPEAKER OF LOK SABHA

 
 
 
1. Context
 
With the new Lok Sabha set to choose a Speaker on June 26, the ruling and Opposition coalitions are trying to reach a consensus on the post of the presiding officer.
 
2. Speaker of Lok Sabha
 
The Speaker of the Lok Sabha is the presiding officer and the highest authority in the Lower House of the Parliament of India. This position is pivotal in the functioning of the Lok Sabha and plays a crucial role in maintaining order and conducting its proceedings impartially. The Speaker is elected by members of the Lok Sabha from among themselves
The Speaker plays a crucial role in ensuring the effective functioning of parliamentary democracy in India. Their impartiality and adherence to parliamentary norms are essential in upholding the integrity and dignity of the Lok Sabha
 
3. What are the constitutional provisions related to the Speaker?

The constitutional provisions related to the Speaker of the Lok Sabha in India are primarily outlined in the Constitution of India, particularly in Articles 93 to 97.

Here are the key constitutional provisions related to the Speaker:

  • Article 93(1) states that the Lok Sabha (House of the People) shall choose two of its members to be the Speaker and the Deputy Speaker.
  • Article 94(1) provides that the Speaker or the Deputy Speaker may resign by writing addressed to the Deputy Speaker or, if the office of Deputy Speaker is vacant, to the President of India.
  • Article 94(2) states that before the House of the People first meets after each general election and before the office of Speaker and Deputy Speaker becomes vacant, the President shall appoint from among the members of the House a Speaker pro tem.
  • Article 95 provides for the election of a Deputy Speaker of the Lok Sabha by its members.
  • Article 96 outlines the procedure for the removal of the Speaker and the Deputy Speaker. It states that they may be removed from office by a resolution of the Lok Sabha passed by a majority of all the then members of the House, after giving not less than 14 days’ notice of the intention to move the resolution.
  • Article 97 provides for the vacation of the office of Speaker or Deputy Speaker, stating that their office shall become vacant if they cease to be a member of the Lok Sabha.
 
4. How are a Speaker and Deputy Speaker elected?
 

In India, both the Speaker and the Deputy Speaker of the Lok Sabha are elected by the members of the Lok Sabha (House of the People), as per the provisions laid out in the Constitution of India and the Rules of Procedure and Conduct of Business in Lok Sabha.

Election of the Speaker:

  • Nomination: Any member of the Lok Sabha who is eligible to be elected as Speaker may propose another member as a candidate for the office of Speaker. This proposal must be supported by at least 50 members.

  • Voting: Once nominations are completed, voting takes place by a simple majority of members present and voting. The voting is conducted by means of a voice vote or a division (where members physically stand up to indicate their choice).

  • Oath: After the election, the newly elected Speaker has to make and subscribe to an oath or affirmation before the President or some person appointed in that behalf by the President.

  • Assumption of Office: The Speaker assumes office immediately after taking the oath or affirmation.

Election of the Deputy Speaker:

  • Nomination: Similar to the Speaker, any member of the Lok Sabha may propose another member as a candidate for the office of Deputy Speaker. The proposal needs support from at least 50 members.

  • Voting: Voting for the Deputy Speaker also takes place by a simple majority of members present and voting. The procedure for voting is the same as for the Speaker.

  • Oath: Once elected, the Deputy Speaker has to make and subscribe to an oath or affirmation before the Speaker or some person appointed in that behalf by the Speaker.

  • Assumption of Office: The Deputy Speaker assumes office immediately after taking the oath or affirmation.

5. What are the duties of the pro-tem Speaker?
 
The pro-tem Speaker is appointed temporarily to preside over the first meeting of the Lok Sabha after a general election until a regular Speaker is elected. The duties and responsibilities of the pro-tem Speaker primarily involve ensuring the smooth conduct of the proceedings during this initial phase.
 
Here are the key duties of the pro-tem Speaker:
  • The pro-tem Speaker convenes the first meeting of the newly elected Lok Sabha. This includes overseeing the swearing-in ceremony of newly elected members.
  •  The pro-tem Speaker administers the oath or affirmation to all members-elect of the Lok Sabha.
  • During the first meeting, the pro-tem Speaker presides over the House. They ensure that the proceedings are conducted in accordance with parliamentary rules and procedures.
  • The primary duty of the pro-tem Speaker is to facilitate the election of the regular Speaker of the Lok Sabha. They oversee the process of nominations and the voting procedure until a Speaker is elected
  • Similar to the regular Speaker, the pro-tem Speaker maintains order and decorum in the House. They have the authority to call members to order and ensure that debates and discussions are conducted respectfully
  • The pro-tem Speaker decides on points of order raised during the proceedings and interprets parliamentary rules as necessary
  • Until the regular Speaker assumes office, the pro-tem Speaker represents the Lok Sabha in ceremonial functions or interactions with the President or other dignitaries.
  • Once the regular Speaker is elected by the members of the Lok Sabha, the pro-tem Speaker facilitates the smooth transition of responsibilities and hands over charge to the elected Speaker
6. What is the process for the removal of the Speaker?
 
The process for the removal of the Speaker of the Lok Sabha in India is outlined in Article 94 of the Constitution of India.
 
Here’s a detailed explanation of the process:
  • A resolution for the removal of the Speaker can be moved in the Lok Sabha. This resolution must be supported by at least 50 members of the House

  •  A minimum notice period of 14 days is required before the resolution can be taken up for consideration in the House. This notice period allows for adequate preparation and notification to all members
  • The resolution for removal is debated and discussed in the Lok Sabha. Members are given an opportunity to present arguments for or against the removal of the Speaker.
  • After the debate, the resolution is put to vote. The resolution for removal of the Speaker requires a majority of all the then members of the Lok Sabha (i.e., a simple majority of members present and voting is not sufficient)
  • If the resolution for removal is passed by a majority of all the then members of the Lok Sabha, the Speaker ceases to hold office from the date of the passing of the resolution
  • Upon the removal of the Speaker, the office of the Speaker becomes vacant. The Deputy Speaker or, in their absence, any other member of the Lok Sabha presides over the House until a new Speaker is elected
 
 
 
 
 
For Prelims:  Indian Polity
For Mains:  GS-II: Governance, Constitution and Polity
 
 
Previous Year Questions
 
1.With reference to the Speaker of Lok Sabha, consider the following statements: (UPSC CSE 2024)

While any resolution for the removal of the Speaker of the Lok Sabha is under consideration

1. He/She shall not preside.

2. He/She shall not have the right to speak.

3. He/She shall not be entitled to vote on the resolution in the first instance.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer (a)
  • Statement 1 is correct. The Speaker shall not preside while a resolution for his/her removal is under consideration.
  • Statements 2 and 3 are incorrect. The Speaker can speak and vote in the first instance as a member, but not as the presiding officer.
 
 
Source: Indianexpress

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