Parliament – Sessions, Procedures, Motions, Committees etc

Speaker of the Lok Sabha

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Speaker of the Lok Sabha

Mains level : Terms of reference for Speaker

  • Om Birla, a Member of Parliament from Rajasthan, was elected Speaker of the 17th Lok Sabha.

Speaker of the Lok Sabha

  • The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha (House of the People), the lower house of the Parliament of India.
  • The speaker is elected generally in the very first meeting of the Lok Sabha following general elections.
  • Serving for a term of five years, the speaker chosen from sitting members of the Lok Sabha (House of the People), and is by convention a member of the ruling party or alliance.

Election

  • Newly elected MPs from the Lok Sabha elect the Speaker among themselves.
  • It is desired Speaker should be someone who understands Lok Sabha functions and it is someone accepted among the ruling and opposition parties.
  • MP’s propose a name to Pro tem speaker. These names are notified to President of India. President through their aid Secretary- General notifies the election date. If only one name is proposed, Speaker is elected without any formal vote.
  • However, if more than 1 nomination are received, a division (vote) is called.
  • MPs vote for their candidate on such date notified by President. Successful candidate is elected as Speaker of the Lok Sabha until next general election

Powers and Functions

  • The Speaker of the Lok Sabha conducts the business in house; and decides whether a bill is a money bill or not.
  • She/he maintains discipline and decorum in the house and can punish a member for their unruly behaviour by suspending them.
  • She/he also permit the moving of various kinds of motions and resolutions such as a motion of no confidence, motion of adjournment, motion of censure and calling attention notice as per the rules.
  • The Speaker decides on the agenda to be taken up for discussion during the meeting.
  • Further, all comments and speeches made by members of the House are addressed to the Speaker.
  • The Speaker also presides over the joint sitting of both houses of the Parliament of India.

Removal from office

  • Speaker can be removed by the Lok Sabha by a resolution passed by an effective majority (>50% of total strength excluding vacancies) of the house as per Articles 94 (vacation) and 96 (resolution for removal).
  • Speaker is also removed on getting disqualified for being Lok Sabha member under sections 7 and 8 of Representation of the People Act, 1951.
  • This would arise out of speaker’s wrong certification of a bill as money bill inconsistent with the definition given in Articles 110 of the constitution.
  • When courts uphold the unconstitutional act of the speaker for wrong certification of a bill as money bill, it amounts to disrespecting the constitution deserving conviction under Prevention of Insults to National Honour Act, 1971.
  • It is applicable for disqualification of speaker’s Lok Sabha membership under section 8K of Representation of the People Act, 1951.
  • However the omissions in the procedure committed by the speaker in the Lok Sabha can not be challenged in court of law per Article 122.

 


Also read:

 

Chairman of Rajya Sabha

  • The counterpart of the Speaker in the Rajya Sabha (Council of the States) is its Chairperson; the Vice President of India is the ex-officio chairperson of the Rajya Sabha.
  • On the order of precedence, the Speaker of Lok Sabha ranks sixth, along with the Chief Justice of India. The Speaker is answerable to the House.
  • Both the Speaker and Deputy Speaker may be removed by a resolution passed by the majority of the members.
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