As of February 2021, Maharashtra has been left with an empty speaker’s seat. Furthermore, several State Assemblies and the Lok Sabha are also lacking Deputy Speakers. This is noteworthy as the Constitution mandates that the Speaker’s office must always be filled.
Election Specifications for the Position of Speaker
The Constitution of India stipulates that a candidate for the Speaker’s position must be a member of the House. While there are no set qualifications required for election as the Speaker, an understanding and knowledge of India’s Constitution and laws are seen as significant assets.
Typically, a member from the ruling party is chosen as Speaker. This choice is arrived at following informal discussions between leaders from various political parties and assemblies within the House. This tradition ensures that the elected Speaker is respected by all members of the House.
The Speaker, along with the Deputy Speaker, is selected through a voting process involving all Lok Sabha members. The candidate with the majority vote wins the position. The proposed candidate’s name is generally introduced by the Prime Minister or Parliamentary Affairs Minister.
Elected Speaker’s Term of Office
From the date of his or her election, the Speaker serves until the first meeting of the subsequent Lok Sabha (a span of five years). A previously elected Speaker is eligible for re-election. Even if the Lok Sabha is dissolved, the Speaker retains his or her position until a new Lok Sabha convenes.
The Role and Powers of the Speaker
The Speaker functions as the final interpreter of the provisions of the Constitution of India, Parliamentary procedure rules, and precedents within the House. The Speaker also presides over joint meetings of both Houses of Parliament, summoned by the President to resolve legislative stalemates.
The Speaker can adjourn the House or suspend a meeting if one-tenth of the House membership (the quorum) is absent. Additionally, the Speaker has a casting vote utilized to break ties on any question. The Speaker also determines if a bill is a money bill, and this decision is final.
Disqualifying Members and Chairing the IPG
The Speaker is responsible for deciding questions of disqualification of a Lok Sabha member on grounds of defection under the Tenth Schedule provisions. This power was granted to the Speaker by the 52nd amendment to the Indian Constitution. Furthermore, the Speaker functions as the ex-officio chairman of the Indian Parliamentary Group (IPG), linking the Parliament of India with parliaments worldwide.
Formation of Committees and Ensuring Privileges of the House
The Speaker establishes House Committees and oversees their functioning. The Speaker also nominates the chairpersons of all parliamentary committees. The Business Advisory Committee, the General Purposes Committee, and the Rules Committee operate under the Speaker’s chairmanship. As guardian of the House’s rights and privileges, its committees, and members, the Speaker maintains House decorum.
Conditions for the Removal of the Speaker
Under certain circumstances, the Speaker may have to vacate the office earlier than expected: if they cease to be a Lok Sabha member, if they resign by writing to the Deputy Speaker, or if they are removed via a resolution passed by a majority of all Lok Sabha members.
Deputy Speaker of the Lok Sabha: Election and Term of Office
Following the Speaker’s election, the Lok Sabha elects the Deputy Speaker from among its members. The Deputy Speaker’s term of office is usually concurrent with the lifespan of the Lok Sabha (five years). However, the Deputy Speaker may need to vacate his or her position early in the following instances: if he or she ceases to be a member of the Lok Sabha, submits a resignation to the Speaker, or is removed through a majority resolution of all Lok Sabha members.
Responsibilities and Powers of the Deputy Speaker
The Deputy Speaker assumes the role of the Speaker in case of vacancy or absence. He or she also presides over joint meetings of both Houses of Parliament when the Speaker is absent. When appointed to a parliamentary committee, the Deputy Speaker automatically assumes the position of its chairperson.