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Impartiality Of Speaker’s Office
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- He is provided with a security of tenure.
- He can be removed only by a resolution passed by the Lok Sabha by an absolute majority , a majority of all the then members of the House.
- This motion of removal can be considered and discussed only when it has the support of at least 50 members.
- The Speaker has the power of Casting vote in the event of a tie during the process of voting on any resolution or motion in Parliament. He cannot vote in the first instance.
- Work and conduct of the speaker cannot be discussed and criticised in the Lok Sabha except on a substantive motion.
- Salaries and allowances are charged on the Consolidated Fund of India and are fixed by Parliament.
- His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
- He is given a seventh rank in the order of precedence, along with the Chief Justice of India. (The Speaker has a higher rank than all cabinet ministers, except the PM or Deputy PM).
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Challenges And Criticisms Surrounding The Institution Of The Speaker In The Indian Parliament
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- Claims of Prejudice and the Problem of Partisanship – Pertains to structural issues regarding appointment and his tenure in office.
- The Speaker is chosen from the majority party, and the Deputy Speaker from the opposition side.
- No convention of Speakers foregoing their party membership – This is because the Speaker’s re-election to the House is not secure as he is a Non-party member in Britain.
- Indian Speakers have held ministerial positions immediately before and after their term, without any cooling-off
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Challenges In Parliamentary Functioning
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- Challenge of Coalitions: Time available to each party to represent its interests during discussions is reduced.
- There has been a decrease in the number of annual sittings of Parliament. Problem aggravated by repeated disruptions in parliament.
- Rise in the number of political parties and varied political interest has made it harder for the Speaker to find consensus between members on use of disciplinary powers.
- Unparliamentary Conduct: Members seek to use unparliamentary means such as disruptions etc. for attaining the indulgence of the Speaker.
- Role in Anti-Defection Law: Scope for Speakers to exercise discretion which is often used by the ruling party to disqualify dissent.
- Example: Goa, Arunachal Pradesh, Karnataka Assembly.
- Determination of Money Bill: There have been several bills passed by subverting the due process ,as Money bills.
- Example: Aadhaar Bill etc. as Money Bill, though it may not have met the strict criteria laid out in the Constitution.
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Way Forward
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- The Adjudicatory role of the Speaker under Anti Defection law should be given to the Election Commission or any neutral body outside the legislature.
- The British model of non-party members as speakers should be followed.
- A convention should be established to re-elect the speaker without contest.
- In debates and during question hour, attempts should be made to not only give members time as per party strength, but also accommodate members who wish to convey different grievances or views.
- Increasing transparency in his decision-making process to increase trust in the Speaker. For instance, decisions by Speakers should be made available to the public.
- The Speakers’ reluctance to take action against disorderly members could potentially be reduced if the media plays a constructive role in highlighting instances of disorderly conduct and the adverse impact such conduct has on the performance of the House.
- No political appointment of the speaker post retirement.
- Political parties must not consider the post of speaker as a gift that they can offer to any senior party member indiscriminately.
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Role And Tenure Of The Deputy Speaker In The Indian Parliament (Article – 93)
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- Since the 11th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party (or ruling alliance) and the post of Deputy Speaker goes to the main opposition party.
- Deputy Speaker is elected after the election of the Speaker has taken place.
- He is also elected by the Lok Sabha itself from amongst its members.
- The date of election of the Deputy Speaker is fixed by the Speaker.
- Whenever the office of the Deputy Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy.
- Like the Speaker, the Deputy Speaker remains in office usually during the life of the Lok Sabha.
- However, he may vacate his office earlier in any of the following three cases:
- If he ceases to be a member of the Lok Sabha;
- If he resigns by writing to the Speaker of the Lok Sabha
- If he is removed by a resolution in Lok Sabha
- The Deputy Speaker is removed by a resolution passed by a majority of all the then members of the Lok Sabha (Absolute majority) and Such a resolution can be moved only after giving 14 days’ advance notice.
- The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or is absent from the sitting of the House with assumption of all the powers of the Speaker.
- He also presides over the joint sitting (Art.108)of both the Houses of Parliament, in case the Speaker is absent from such a sitting.
- While Deputy Speaker presiding over the House as Speaker, he can only exercise a casting vote in the case of a tie and cannot vote in the first instance
- When a resolution for the removal of the Deputy Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.
- When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House.
- He can speak in the House, participate in its proceedings and vote on any question before the House.
- The salary and allowance of Deputy Speaker is fixed by Parliament and is charged on the Consolidated Fund of India.
- Deputy Speakers, while assuming their offices, do not make and subscribe to any separate oath or affirmation.
Remember– Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the Lok Sabha.
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Role And Responsibilities Of The Speaker Pro Tem In The Indian Parliament (Article – 95)
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- According to the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha.
- Speaker Pro-Tem institution facilitates the transition of the institution from old ones to newly elected members.
- He also enables the House to elect the new Speaker.
- Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro-Tem. Usually, the senior most member is selected for this.
- The President himself administers the oath to the Speaker Pro Tem.
- He presides over the first sitting of the newly-elected Lok Sabha.
- Main onus of Speaker Pro-Tem is to administer oath to the new members.
- The Speaker Pro Tem has all the powers of the Speaker.
- This office is a temporary office, when the new Speaker is elected by the House, the office of the Speaker Pro Tem ceases to exist.
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Functioning And Duties Of The Panel Of Chairpersons In The Indian Parliament
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- Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of not more than ten chairpersons.
- Any of them can preside over the House in the absence(Not in case of vacancy)of the Speaker or the Deputy Speaker.
- He has endowed the same powers as the Speaker when presiding.
- He holds office until a new panel of chairpersons is nominated.
- When a member of the panel of chairpersons is also not present, any other person as determined by the House acts as the Speaker.
- In case of vacancy, the Speaker’s duties are to be performed by such members of the House as the President may appoint for the purpose.
- However, the elections are held as soon as possible, to fill the vacant posts.
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Role And Responsibilities Of The Chairman In The Indian Parliament (Article – 89)
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- The presiding officer of the Rajya Sabha is known as the Chairman.
- The vice-president of India is the ex-officio Chairman of the Rajya Sabha.
- As a presiding officer, the powers and functions of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha.
- During any period when the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha.
- The Chairman of Rajya Sabha (Unlike the Speaker) is not a member of the House.
- The Chairman also cannot vote in the first instance (similar to the Speaker). He too exercises casting vote.
- The Vice-President cannot preside over a sitting of the Rajya Sabha as its Chairman when a resolution for his removal is under consideration.
- However, he can be present and speak in the House and can take part in its proceedings, without voting, even at such a time.
- Salaries and allowances of the Chairman (same as Speaker) are also fixed by the Parliament and are charged on the Consolidated Fund of India.
- During any period when the Vice-President acts as President or discharges the functions of the President, he is paid the salary and allowance of the President during such a time.
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Roles And Procedures Of The Deputy Chairperson In The Rajya Sabha (Article – 89
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- The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members.
- Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy.
- The Deputy Chairman vacates his office in any of the following three cases:
- If he ceases to be a member of the Rajya Sabha
- If he resigns by writing to the Chairman of the Rajya Sabha
- If he is removed by a resolution in Rajya Sabha
- The Deputy Chairman is removed by a resolution passed by a majority of all the then members of the Rajya Sabha (Absolute majority) and Such a resolution can be moved only after giving 14 days’ advance notice.
- The Deputy Chairman performs the duties of the Chairman’s office when it is vacant, absent or when the Vice-President acts as President or discharges the functions of the President.
- When a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.
- When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House.
- He can speak in the House, participate in its proceedings and vote on any question before the House.
- When the Deputy Chairman is presiding over the House, he can only exercise a casting vote and cannot vote in the first instance.
- The salary and allowance of Deputy Chairman is fixed by Parliament and is charged on the Consolidated Fund of India.
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Functioning Of The Panel Of Vice-Chairpersons In The Rajya Sabha
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- Under the Rules of Rajya Sabha, the Chairperson nominates from amongst the members a panel of vice-chairpersons.
- Any of them can preside over the House in the absence (Not in case of vacancy)of the Chairperson or the Deputy Chairperson.
- He is endowed with the same powers as the Chairperson when presiding.
- He holds office until a new panel of vice-chairpersons is nominated.
- When a member of the panel of vice-chairpersons is also not present, any other person as determined by the House acts as the Chairperson.
- In case of vacancy, the Chairperson’s duties are to be performed by such members of the House as the President may appoint for the purpose.
- However, the elections are held as soon as possible, to fill the vacant posts
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Administration And Functioning Of The Secretariat In The Indian Parliament – Art. 98
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- Each House of Parliament has separate secretarial staff of its own, though there can be some posts common to both the Houses.
- Their recruitment and service conditions are regulated by Parliament.
- The secretariat of each House is headed by a secretary-general.
- He is a permanent officer and is appointed by the presiding officer of the House.
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