POWER OF SPEAKER -
POLITY
News: What are the powers of the
Speaker and why is the post crucial for BJP and its allies?
What's in the news?
●
As the 18th Lok Sabha prepares to convene, the TDP
and JD(U) are reportedly vying for the position of Speaker.
Key takeaways:
●
After a pro
tem or temporary Speaker administers the oath to new members, the Speaker
is chosen to be the Presiding Officer of the House.
Constitutional
Provisions on Speaker:
1. Time of Election:
●
Under the Article
93 of the Constitution of India, the Constitution mandates the election of
the Speaker and Deputy Speaker “as soon
as may be” after the House convenes.
2. Election Process:
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The Speaker and Deputy Speaker are elected by a simple majority of the House members.
3. Selection Process:
●
There are no
specific qualifications required to become the Speaker.
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Under Article
94 of the Constitution of India, the Speaker is chosen from among the members of the House and
vacates the office upon ceasing to be a member of the House.
4. Speaker’s Salary:
●
The salaries of the Speaker are drawn from the Consolidated Fund of India.
Role of the Speaker in
Parliamentary Democracy:
The Speaker of the Lok Sabha holds the highest
authority in the lower house of the Parliament of India, playing several
crucial roles as follows.
1. Presiding over
Proceedings:
●
The Speaker is responsible for chairing the
sessions of the Lok Sabha and ensuring that debates and discussions are
conducted in an orderly and respectful manner.
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The Speaker has the authority to rule on points of order and to enforce the rules of the
parliament.
2. Acting as a
Spokesperson:
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The Speaker often represents the Lok Sabha and
speaks on its behalf in public or at international events.
3. Maintaining
Impartiality:
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The Speaker is expected to be neutral and unbiased
in discharging duties, ensuring that all members of the Lok Sabha are treated
fairly and equally.
4. Ensuring Transparency
and Accountability:
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The Speaker is responsible for making sure that the
proceedings of the Lok Sabha are open and transparent, and that the public has
access to information about the work of the Lok Sabha.
5. Involvement in the
Legislative Process:
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The Speaker has several duties related to the
passage of legislation.
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These include assigning
bills to committees, deciding the order in which bills are considered, and certifying the final text of bills
before they are presented to the President for assent.
6. Representation:
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The Speaker represents the Lok Sabha in its
relations with other parliamentary
bodies and institutions.
Powers of the Lok Sabha
Speaker:
1. Conducting House:
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The conduct of government business is decided by
the Speaker in consultation with the Leader of the House.
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Prior permission of the Speaker is required for members to ask a question,
or to discuss any matter.
2. Question and Records:
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The Speaker decides the admissibility of a question
raised by a member, as well as how the proceedings of the House are published.
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The Speaker has the power to expunge, in full or in
part, remarks that she may consider to be unparliamentary.
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Critical remarks against the ruling party may not
be published if the Speaker decides to expunge them.
3. Casting Vote:
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According to Article
100 of the Constitution, which talks about voting in the Houses, the
Chairman of Rajya Sabha or Speaker of Lok Sabha, or any person acting as such,
“shall not vote in the first instance, but shall have an exercise a casting
vote in the case of any equality of votes”.
4. No-confidence Motion:
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One of the most important times when a Speaker’s impartiality impacts the
opposition is when a motion of no-confidence is moved against the government.
5. Disqualification of
Members:
●
The Tenth
Schedule or the anti-defection law, introduced to the Constitution through
the Fifty-Second (Amendment) Act, 1985,
gives the Speaker of the House the power to disqualify legislators who ‘defect’
from a party.
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In the landmark case Kihoto Hollohan versus Zachillhu in 1992, the Supreme Court upheld
the power vested in the Speaker and said that only the final order of the
Speaker will be subject to judicial review.
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In 2020, the Supreme Court had ruled that Speakers
of Assemblies and Lok Sabha must decide disqualification pleas within three months except in extraordinary
circumstances.
6. Certification of
Bills (Article 97):
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The Speaker is responsible for the certification of money bills and financial
bills, and has the power to direct that any other bill be treated as a
money bill or a financial bill.
7. Committee
Appointments:
● The Speaker appoints committees and chairpersons of committees, and refers matters to committees for consideration.