Role of the Speaker

Introduction to the Speaker's Role

The Speaker is the constitutional and ceremonial head of the Lok Sabha, the Lower House of the Indian Parliament. This role becomes particularly crucial in a coalition government scenario.

The Speaker ensures the smooth functioning of the House and helps maintain the balance of power between the ruling party, its allies, and the opposition.

Assistance and Succession

The Speaker is assisted by the Secretary General of the Lok Sabha and senior officers of the Secretariat in parliamentary activities, practice, and procedure.

In the absence of the Speaker, the Deputy Speaker discharges the functions. If both are absent, a member from the panel of Chairmen presides over the House.

Election of the Speaker

The House elects its presiding officer by a simple majority of members present and voting. This process typically involves a consensus candidate or a contest if no agreement is reached.

Traditionally, a member belonging to the ruling party is elected as Speaker, while the Deputy Speaker is often elected from the opposition party to ensure impartiality and consensus.

Removal of the Speaker

The Constitution grants the Lok Sabha the authority to remove the Speaker. This is a significant power ensuring accountability.

The Speaker can be removed through a resolution, which requires a 14-day prior notice. This resolution must be passed by an effective majority of the House, as per Article 94 of the Indian Constitution.

Additionally, a Speaker can be removed if disqualified from being a Lok Sabha member under Sections 7 and 8 of the Representation of the People Act, 1951.

The Speaker can also tender their resignation to the Deputy Speaker.

Sources of Power and Duties

The Speaker of the Lok Sabha derives powers and duties from three primary sources:

• Constitution of India: Lays down fundamental provisions regarding the Speaker's role and functions.
• Rules of Procedure and Conduct of Business of Lok Sabha: Detailed rules governing parliamentary proceedings.
• Parliamentary Conventions: Unwritten or unspecified residuary powers that have evolved over time through practice.

Roles and Responsibilities of the Speaker

The Speaker performs a multitude of critical functions:

• Oversees Sessions: Ensures discipline and decorum among members during House proceedings.
• Punishment for Unruly Behaviour: Has the power to penalize members for unruly conduct.
• Disqualification of Members: Can disqualify members on grounds of defection under the Tenth Schedule of the Constitution.
• Committee Formation: Constitutes the Committees of the House and provides overall direction for their functioning.
• Guardian of Rights: Acts as the guardian of the rights and privileges of the House, its Committees, and individual members.
• Administrative Head: Manages administrative affairs and security arrangements within the Parliament estate as head of the Lok Sabha Secretariat.
• Inter-Parliamentary Relations: Serves as the ex-officio President of the Indian Parliamentary Group, fostering relations with other parliaments.
• International Representation: Leads delegations abroad and chairs the Conference of Presiding Officers of Legislative Bodies in India.

Provisions Ensuring Independence and Impartiality

Several constitutional and procedural provisions safeguard the Speaker's independence:

• Security of Tenure: The Speaker can only be removed by a resolution passed by an effective majority, providing stability.
• Salaries and Allowances: Charged on the Consolidated Fund of India, meaning they are not subject to the annual vote of Parliament, ensuring financial independence.
• Conduct Discussion: The Speaker's work and conduct cannot be discussed or criticised in the Lok Sabha except on a substantive motion.
• Judicial Immunity: Powers of regulating procedure, conducting business, or maintaining order in the House are not subject to the jurisdiction of any court.
• Casting Vote Only: The Speaker cannot vote in the first instance. They can only exercise a casting vote in the event of a tie, reinforcing impartiality.
• Order of Precedence: The Speaker is placed at the sixth rank in the order of precedence, along with the Chief Justice of India, highlighting the significance of the office.

Pro Tem Speaker

When the office of the Speaker of the last Lok Sabha becomes vacant immediately before the first meeting of the newly-elected Lok Sabha, a Speaker Pro Tem is appointed.

The President himself administers the oath to the Speaker Pro Tem. This temporary Speaker presides over the first sitting of the newly-elected Lok Sabha and possesses all the powers of a regular Speaker.

The main responsibilities of the Speaker Pro Tem include administering oaths to the new members and enabling the House to elect the new Speaker. Once the new Speaker is elected, the office of the Speaker Pro Tem ceases to exist.