In the intricate machinery of parliamentary democracy, the roles of the Speaker in the Lok Sabha and the Chairman in the Rajya Sabha stand as pivotal. These esteemed positions not only uphold the sanctity of parliamentary proceedings but also ensure the effective functioning of the legislative process in India.
The role of the Speaker in India is an active and evolving institution that addresses the practical requirements and challenges faced by Parliament in fulfilling its duties.
Article 93 of the Constitution mandates the election of both the Speaker and the Deputy Speaker.
The Speaker serves as the constitutional and ceremonial leader of the Lok Sabha, while each House of Parliament has its own presiding officer. In the Lok Sabha, there is a Speaker and a Deputy Speaker, whereas in the Rajya Sabha, there is a Chairman and a Deputy Chairman.
1. Speaker of Lok Sabha
The Lok Sabha, the paramount legislative institution in the nation, elects its Speaker to oversee its day-to-day operations. Choosing the Speaker is among the initial tasks undertaken by each newly formed Lok Sabha.
Election of Speaker
The Constitution of India mandates that the Speaker must be a member of the Lok Sabha. While specific qualifications are not outlined, possessing a comprehensive understanding of the Constitution and the country’s laws is highly valued for the Speaker’s role.
Traditionally, a member from the ruling party is chosen as the Speaker. This selection process has evolved over time, with the ruling party nominating a candidate after informal consultations with leaders of other parties and groups in the House. This convention ensures that the Speaker garners respect from all sections of the House.
The Speaker (along with the Deputy Speaker) is elected from among Lok Sabha members through a simple majority vote of members present and voting in the House. Typically, the Prime Minister or the Minister of Parliamentary Affairs proposes the elected candidate’s name.
The term of office for the Speaker lasts from the date of election until just before the first meeting of the subsequent Lok Sabha, which is approximately five years. The Speaker is eligible for re-election, and in the event of Lok Sabha dissolution, continues in office until the newly-elected Lok Sabha convenes.
Role and Power of Speaker
- Interpretation: The Speaker serves as the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of the Lok Sabha, and parliamentary precedents within the House. Rulings made by the Speaker on matters of interpretation are highly regarded by members and carry binding authority.
- Joint Sitting of Both Houses: The Speaker presides over joint sittings of the two Houses of Parliament, summoned by the President to resolve deadlocks on bills.
- Adjournment of Sitting: The Speaker has the authority to adjourn or suspend House meetings if the quorum, consisting of one-tenth of the total House strength, is not met.
- Casting Vote: While the Speaker typically refrains from voting, in the event of a tie, known as a deadlock, the Speaker holds a casting vote to break the deadlock.
- Money Bill: The Speaker determines whether a bill qualifies as a money bill, with the Speaker’s decision on this matter being final.
- Disqualifying Members: The Speaker adjudicates on questions of disqualification of Lok Sabha members based on defection under the Tenth Schedule. This power was vested in the Speaker by the 52nd amendment to the Indian Constitution. However, a 1992 Supreme Court ruling established that the Speaker’s decisions on such matters are subject to judicial review.
- Chairing the IPG: The Speaker serves as the ex-officio chairman of the Indian Parliamentary Group (IPG), facilitating communication between the Parliament of India and various international parliamentary bodies. Additionally, the Speaker chairs the conference of presiding officers of legislative bodies in the country.
- Constitution of Committees: The Speaker is responsible for constituting Committees of the House and provides overall direction for their functioning. Chairpersons of all Parliamentary Committees are nominated by the Speaker, with committees such as the Business Advisory Committee, General Purposes Committee, and Rules Committee operating directly under the Speaker’s chairmanship.
- Privileges of the House: Acting as the guardian of the rights and privileges of the House, its Committees, and members, the Speaker holds the authority to refer questions of privilege to the Committee of Privileges for examination, investigation, and reporting.
Removal of Speaker
Typically, the Speaker remains in office throughout the tenure of the Lok Sabha. However, there are circumstances where the Speaker may need to vacate the office prematurely:
- If the Speaker ceases to be a member of the Lok Sabha.
- If the Speaker resigns by submitting a written resignation to the Deputy Speaker.
- If the Speaker is removed by a resolution passed by a majority of all Lok Sabha members.
Notification: A resolution for the removal of the Speaker can only be initiated after providing a 14-day advance notice. During proceedings where a resolution for the Speaker’s removal is being considered, the Speaker may be present at the sitting but will not preside over it.
2. Deputy Speaker of Lok Sabha
Election
The Lok Sabha elects the Deputy Speaker from among its members immediately after electing the Speaker. The date of the Deputy Speaker’s election is determined by the Speaker, while the President sets the date for the Speaker’s election.
Traditionally, until the 10th Lok Sabha, both the Speaker and the Deputy Speaker were typically elected from the ruling party. However, starting from the 11th Lok Sabha, it has been a common practice for the Speaker to be from the ruling party or alliance, while the position of Deputy Speaker is usually given to the main opposition party.
Term of Office
Similar to the Speaker, the Deputy Speaker typically serves throughout the tenure of the Lok Sabha, which lasts for 5 years. However, the Deputy Speaker may need to vacate the office prematurely under any of the following circumstances:
- If they cease to be a member of the Lok Sabha.
- If they resign by submitting a written resignation to the Speaker.
- If they are removed by a resolution passed by a majority of all current Lok Sabha members.
Notification: A resolution for the removal of the Deputy Speaker can only be initiated after providing a 14-day advance notice.
Power and Functions
- The Deputy Speaker assumes the responsibilities of the Speaker’s office in the event of the latter’s vacancy or absence from House proceedings. In these instances, the Deputy Speaker possesses all the powers vested in the Speaker.
- Additionally, the Deputy Speaker presides over joint sittings of both Houses of Parliament if the Speaker is unavailable for such sittings.
- Similar to the Speaker, the Deputy Speaker holds the privilege of casting the deciding vote in case of a tie.
- Furthermore, the Deputy Speaker enjoys a unique privilege: upon appointment as a member of a parliamentary committee, they automatically assume the role of its chairman.
Speaker Pro Tem
When the Speaker of the previous Lok Sabha vacates their office just before the initial meeting of the newly-elected Lok Sabha, the President appoints a member of the Lok Sabha as the Speaker Pro Tem.
Typically, the most senior member is chosen for this role. The President personally administers the oath to the Speaker Pro Tem. The Speaker Pro Tem presides over the inaugural session of the newly-elected Lok Sabha and possesses all the powers of the Speaker.
The primary duty is to administer oaths to the newly-elected members and facilitate the election of the new Speaker. Once the new Speaker is elected by the House, the position of Speaker Pro Tem ceases to exist.
3. Chairman of Rajya Sabha
The Vice-President serves as the automatic chairman of the Rajya Sabha. In their capacity as the Chairman of the Rajya Sabha, the Vice-President holds an undisputed responsibility for upholding the prestige and decorum of the House.
Read about Post of Vice president in detail.
Power of Chairman of Rajya Sabha
- The Chairman of the Rajya Sabha holds the authority to adjourn or suspend the House’s sitting in case of a lack of quorum.
- As per the 10th Schedule of the Constitution, the Chairman is responsible for determining the disqualification of a Rajya Sabha member due to defection.
- The consent of the Chairman is required to raise a question of breach of privilege in the House.
- Parliamentary Committees, whether established by the Chairman or the House itself, operate under the Chairman’s guidance. He appoints members to various Standing Committees and Department-related Parliamentary Committees, and also chairs the Business Advisory Committee, the Rules Committee, and the General Purposes Committee.
- It is the duty of the Chairman to interpret the Constitution and rules concerning matters within or relating to the House, and his interpretation is not subject to argument or controversy.
Removal of Chairman
The Chairman of the Rajya Sabha can only be removed from his position when he is removed from the office of Vice-President of India.
During the period when a resolution for the removal of the Vice-President is in effect, he cannot preside over the House as Chairman, although he may still participate as a member of the House.
4. Deputy Chairman of Rajya Sabha
Article 89 of the Constitution establishes the position of Deputy Chairman of the Rajya Sabha. The Deputy Chairman holds a significant role in the operation of the upper house of the Indian Parliament. The Deputy Chairman does not serve under the authority of the Chairman; instead, he directly reports to the Rajya Sabha.
Election of Deputy Chairman
Any member of the Rajya Sabha can propose a motion suggesting a person to be elected as the Deputy Chairman. This motion must be seconded by another member, and the proposer must submit a declaration signed by the nominee indicating their willingness to serve if elected.
Each member is allowed to move or second only one motion. The Deputy Chairman is elected by a majority vote of the House, unless political parties reach a consensus on a candidate, in which case the candidate is elected unanimously.
Tenure of the Deputy Chairman
The Deputy Chairman of the Rajya Sabha serves a term of 6 years.
As per Article 90, the Deputy Chairman may vacate the office under any of the following circumstances: if they cease to be a member of the Rajya Sabha; if they resign by submitting a written resignation to the Chairman; or if they are removed by a resolution.
Whenever the position of Deputy Chairman becomes vacant, the Rajya Sabha elects another member to fill the vacancy.
Functions and Power
- The Deputy Chairman of the Rajya Sabha assumes the duties of the Chairman’s office when it is vacant or when the Vice-President acts as the President or performs the functions of the President.
- Similarly, the Deputy Chairman fulfills the responsibilities of the Chairman’s office when the latter is absent from the House proceedings. In both scenarios, the Deputy Chairman possesses all the powers of the Chairman of the Rajya Sabha.
- During the sessions of the Rajya Sabha, in the absence of the Chairman (Vice President of India), the Deputy Chairman presides over the proceedings. Their role includes maintaining order, ensuring smooth progress of debates, and making rulings on procedural matters.
- In case of a tie during voting, the Deputy Chairman holds the casting vote, which can significantly impact the outcome of legislative decisions.
- Like the Chairman, the Deputy Chairman is expected to uphold impartiality and fairness while presiding over the sessions. They must ensure that all members, regardless of their political affiliations, have the opportunity to express their opinions and participate in debates.
Read about Structure and Composition of Parliament.