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Speaker and Deputy Speaker: Powers, Removal, and Roles - UPSC Polity And Governance

What is Speaker and Deputy Speaker: Powers, Removal, and Roles in UPSC Polity And Governance?

Speaker and Deputy Speaker: Powers, Removal, and Roles is a key topic under Polity And Governance for UPSC Civil Services Examination. Key points include: Speaker and Deputy Speaker are presiding officers of Lok Sabha, usually from ruling and opposition parties respectively.. Removal requires a 14-day notice and an effective majority resolution (Article 94); resignation to Deputy Speaker.. Powers derive from Constitution, Rules of Procedure, and Parliamentary Conventions.. Understanding this topic is essential for both UPSC Prelims and Mains preparation.

Why is Speaker and Deputy Speaker: Powers, Removal, and Roles important for UPSC exam?

Speaker and Deputy Speaker: Powers, Removal, and Roles is a Medium-level topic in UPSC Polity And Governance. It is tested in both Prelims (factual MCQs) and Mains (analytical answer writing). Previous year UPSC questions have frequently covered aspects of Speaker and Deputy Speaker: Powers, Removal, and Roles, making it essential for comprehensive IAS preparation.

How to prepare Speaker and Deputy Speaker: Powers, Removal, and Roles for UPSC?

To prepare Speaker and Deputy Speaker: Powers, Removal, and Roles for UPSC: (1) Study the comprehensive notes covering all key concepts on Vaidra. (2) Practice previous year questions on this topic. (3) Connect it with current affairs using daily updates. (4) Revise using key takeaways and mind maps available for Polity And Governance. (5) Write practice answers linking Speaker and Deputy Speaker: Powers, Removal, and Roles to related GS Paper topics.

Key takeaways of Speaker and Deputy Speaker: Powers, Removal, and Roles for UPSC

  • Speaker and Deputy Speaker are presiding officers of Lok Sabha, usually from ruling and opposition parties respectively.
  • Removal requires a 14-day notice and an effective majority resolution (Article 94); resignation to Deputy Speaker.
  • Powers derive from Constitution, Rules of Procedure, and Parliamentary Conventions.
  • Key roles include maintaining decorum, constituting committees, guarding privileges, and heading Lok Sabha Secretariat.
  • Independence ensured by security of tenure, salaries charged on Consolidated Fund, limited judicial scrutiny of internal proceedings, and casting vote only.
  • Speaker Pro Tem is a temporary appointee by the President to administer oaths and oversee new Speaker's election.
  • Supreme Court rulings (e.g., Kihoto Hollohan, Nabam Rebia, Keisham Meghachandra Singh) have made Speaker's anti-defection decisions subject to judicial review and imposed timelines.
Speaker and Deputy Speaker: Powers, Removal, and Roles
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Speaker and Deputy Speaker: Powers, Removal, and Roles

Medium⏱️ 15 min read✓ 98% Verified
polity and governance

📖 Introduction

Introduction to Speaker and Deputy Speaker

The Speaker and Deputy Speaker are the presiding officers of the Lok Sabha, the Lower House of the Indian Parliament. They are crucial for maintaining order and facilitating the business of the House.

Typically, the Speaker is elected from the ruling party, while the Deputy Speaker is chosen from the opposition party. This convention aims to ensure a balance and impartiality in the functioning of the House.

Notable Exceptions:

  • GMC Balayogi (12th Lok Sabha)
  • Manohar Joshi (13th Lok Sabha)

Both served as Speaker while belonging to non-ruling parties, demonstrating instances where this convention was not strictly followed.

Upon the dissolution of the Lok Sabha, the Speaker continues in office until the first meeting of the new assembly, when a new Speaker is elected. This ensures continuity in the legislative process.

Election and Appointment

The Speaker and Deputy Speaker are elected by the Lok Sabha from amongst its members. The process is governed by the Rules of Procedure and Conduct of Business of Lok Sabha.

Constitutional Provision:

  • Article 93 of the Indian Constitution mandates the election of the Speaker and Deputy Speaker for the Lok Sabha.
  • Article 178 makes similar provisions for State Legislative Assemblies.

Removal of the Speaker and Deputy Speaker

The Constitution of India empowers the Lok Sabha to remove its presiding officers. This process is a significant check on their authority and ensures accountability.

Removal Process:

  • A resolution for removal can be initiated with a 14-day prior notice.
  • The resolution must be passed by an effective majority of the House.
  • An effective majority means more than 50% of the effective strength of the House (total strength minus vacancies).
  • This procedure is outlined in Article 94 of the Indian Constitution.

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

The Speaker also has the option to resign from office by submitting their resignation to the Deputy Speaker.

Constitutional Provisions on Removal:

  • Article 94 (Lok Sabha) and Article 179 (Legislative Assembly) detail the vacation, resignation, and removal from office.
  • Article 96 (Lok Sabha) and Article 181 (Legislative Assembly) state that the Speaker or Deputy Speaker shall not preside while a resolution for their removal is under consideration.

Sources of Speaker's Powers and Duties

The authority of the Speaker of the Lok Sabha is derived from a combination of constitutional provisions, established rules, and parliamentary traditions.

  • Constitution of India: Provides the foundational framework and specific articles defining the office.
  • Rules of Procedure and Conduct of Business of Lok Sabha: Detailed regulations governing the day-to-day functioning of the House.
  • Parliamentary Conventions: Unwritten rules and practices that have evolved over time, filling gaps not explicitly covered by the Constitution or rules (often referred to as residuary powers).

Roles and Responsibilities of the Speaker

The Speaker performs a multifaceted role, acting as the principal representative of the House, its guardian, and its chief administrator.

  • Presiding Officer: Oversees the sessions of the Lower House, ensuring discipline and decorum among members.
  • Disciplinary Authority: Has the power to punish unruly behaviour and can even disqualify members on grounds of defection under the Tenth Schedule of the Constitution.
  • Committee Formation: Constitutes the Committees of the House and directs their overall functioning.
  • Guardian of Rights: Acts as the guardian of the rights and privileges of the House, its Committees, and individual members.
  • Administrative Head: Heads the Lok Sabha Secretariat, managing administrative affairs and security arrangements within the Parliament Estate.
  • Inter-Parliamentary Relations: Serves as the ex-officio President of the Indian Parliamentary Group, facilitating relations with other parliaments globally. Chairs the Conference of Presiding Officers of Legislative Bodies in India.

Provisions Ensuring Independence and Impartiality

Several constitutional and procedural safeguards are in place to ensure the independence and impartiality of the Speaker's office, vital for the fair conduct of parliamentary business.

Key Safeguards:

  • Security of Tenure: The Speaker can only be removed by a resolution passed by an effective majority of the Lok Sabha, making arbitrary removal difficult.
  • Salaries and Allowances: These are charged on the Consolidated Fund of India, meaning they are not subject to the annual vote of Parliament, insulating the Speaker from political pressure regarding remuneration. (Article 97 and Article 186)
  • Conduct Discussion: The Speaker's work and conduct cannot be discussed or criticised in the Lok Sabha except through a substantive motion, ensuring protection from frivolous accusations.
  • Judicial Immunity: The Speaker's powers in regulating procedure, conducting business, or maintaining order within the House are generally not subject to the jurisdiction of any court.
  • Casting Vote: The Speaker cannot vote in the first instance. They can only exercise a casting vote in the event of a tie, underscoring their impartial role.
  • High Precedence: The Speaker is placed at the sixth rank in the order of precedence, alongside the Chief Justice of India, reflecting the high regard and importance of the office.

Speaker Pro Tem

The office of the Speaker Pro Tem is a temporary arrangement made to facilitate the transition between one Lok Sabha and the next.

Role and Appointment:

  • When the Speaker of the outgoing Lok Sabha vacates office before the first meeting of the newly-elected House, the President appoints a Speaker Pro Tem.
  • Traditionally, the senior most member of the Lok Sabha is chosen for this role.
  • The President himself administers the oath to the Speaker Pro Tem.

The Speaker Pro Tem presides over the first sitting of the newly-elected Lok Sabha and possesses all the powers of the Speaker during this interim period.

Their primary responsibilities include administering oaths to the new members and overseeing the election of the new, permanent Speaker.

Once the new Speaker is elected by the House, the office of the Speaker Pro Tem automatically ceases to exist.

Concept Diagram

💡 Key Takeaways

  • •Speaker and Deputy Speaker are presiding officers of Lok Sabha, usually from ruling and opposition parties respectively.
  • •Removal requires a 14-day notice and an effective majority resolution (Article 94); resignation to Deputy Speaker.
  • •Powers derive from Constitution, Rules of Procedure, and Parliamentary Conventions.
  • •Key roles include maintaining decorum, constituting committees, guarding privileges, and heading Lok Sabha Secretariat.
  • •Independence ensured by security of tenure, salaries charged on Consolidated Fund, limited judicial scrutiny of internal proceedings, and casting vote only.
  • •Speaker Pro Tem is a temporary appointee by the President to administer oaths and oversee new Speaker's election.
  • •Supreme Court rulings (e.g., Kihoto Hollohan, Nabam Rebia, Keisham Meghachandra Singh) have made Speaker's anti-defection decisions subject to judicial review and imposed timelines.

🧠 Memory Techniques

Memory Aid
98% Verified Content

📚 Reference Sources

•Representation of the People Act, 1951 (Sections 7 and 8)
•Rules of Procedure and Conduct of Business of Lok Sabha
•Kihoto Hollohan vs. Zachillhu Case, 1993, AIR 1993 SC 412
•Keisham Meghachandra Singh vs. The Hon'ble Speaker Manipur Legislative Assembly & Ors Case, 2020, (2020) 1 SCC 808
•Nabam Rebia vs. Deputy Speaker Case, 2016, (2017) 1 SCC 1
•Subhash Desai v. Principal Secretary, Governor of Maharashtra Case, 2023, (2023) SCC OnLine SC 607

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