Election of Speakers and Deputy Speakers

Election of Speakers and Deputy Speakers

Subject: Polity

Context: Recently, it was noted that the Maharashtra Legislative Assembly has been without a Speaker for most of 2021 and Lok Sabha and several state Assemblies are without a Deputy Speaker.

Concept:

About Speaker of Lok Sabha

Election of Speaker

• The Office of the Speaker of Legislative Assembly is a constitutional one.
• Under Article 178 of the Indian Constitution every Legislative Assembly of a State shall, choose one of its Members as Speaker.

The Speaker is elected by the Lok Sabha from amongst its members.

• The Lok Sabha elects another member to fill the vacancy whenever the office of the Speaker falls vacant.
• The date of election of the Speaker is fixed by the President.

Tenure of Speaker

• The Speaker remains in office during the life of the Lok Sabha.
• The Speakers has to 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 Deputy Speaker;

If he is removed by a resolution passed by a majority of all the members of the Lok Sabha

• When a resolution for the removal of the Speaker is under consideration of the House, he cannot preside at the sitting of the House.
• It is noted that whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.

Role of Speaker

• The Speaker is the head of the Lok Sabha, and its representative.
• He is the guardian of powers and privileges of the members, the House as a whole and its committees.
• He is the principal spokesman of the House, and his decision in all Parliamentary matters is final.
• He derives his powers and duties from three sources i.e. the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conventions.

Powers and Functions of Speaker

• He maintains order and decorum in the House for conducting its business and regulating its proceedings.
• He adjourns the House or suspends the meeting in absence of a quorum.
• He presides over a joint setting of the two Houses of Parliament.
• He decides whether a bill is a money bill or not and his decision on this question is final.

Deputy Speaker of Lok Sabha

• The Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
• The Deputy Speaker performs the duties of the Speaker’s office when it is vacant.
• He also acts as the Speaker when the latter is absent from the sitting of the House.
• It should be noted here that the Deputy Speaker is not subordinate to the Speaker.
• The Deputy Speaker is entitled to a regular salary and allowance fixed by Parliament, and charged on the Consolidated Fund of India.