Power of Speaker

Power of Speaker

Subject: Polity

Context: While granting interim relief to rebel MLAs of the ShivSena on Monday, the Supreme Court made a crucial but unusual judicial intervention that raises questions on the powers of the Speaker under the Tenth Schedule of the Constitution.

More about News

• The Tenth Schedule or the anti-defection law, introduced in 1985, gives the Speaker of the House the power to disqualify legislators who ‘defect’ from the party.
• In the landmark case KihotoHollohan versus Zachillhu in 1992, the Supreme Court upheld the power vested in the Speaker and said that only the final order of the Speaker will be subject to judicial review. Courts have refrained from interfering with the process itself.
• In the landmark Nabam Rebia v Bemang Felix case, Supreme Court held that it is “constitutionally impermissible” for a speaker to proceed with disqualification proceedings, if a no-confidence motion against him is pending.

Office of Speaker

• Election: The Speaker is elected from among the Lok Sabha membersby a simple majority of members present and voting in the House.
• Term of Office of the Speaker: The Speaker holds Office from the date of his/her election till immediately before the first meeting of the next Lok Sabha.
• Functions of Speaker
  • He/She is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha and the parliamentary precedents, within the House.
  • He/She presides over a joint sitting of the two Houses of Parliament.
  • He/She can adjourn the House or suspend the meeting in absence quorum.
  • He/She decides whether a bill is a money bill or not and his/her decision on this question is final.
  • Committees like the Business Advisory Committee, the General Purposes Committee and the Rules Committee work directly under her Chairmanship
• Removal : Under Article 179 of the Constitution, a Speaker can be removed by a resolution of the Assembly passed by a majority of “all the then members of the Assembly”. The process begins with notice of at least 14 days.

Tenth Schedule: https://optimizeias.com/anti-defection-law-4/