All You Need To Know Speaker Of Lok Sabha (article 93 To Article 97)
Introduction
The Speaker serves as the Lok Sabha's presiding officer or chairman. The provisions of the Lok Sabha's presiding officers were covered in Articles 93–97. All MPs vote to elect the Lok Sabha speaker with a simple majority. Any Member of Parliament is eligible to be nominated as speaker, however this position is typically won by the candidate of the party in power or with the majority. The Speaker serves as both the ceremonial and legal head of the Lok Sabha and serves as its chief spokesperson.
Role of The Lok Sabha Speaker: History Background
• The Speaker was formerly known as the President when the institutions of the Speaker were established in India in 1921 in accordance with the terms of the Government of India Act of 1919 (Montague-Chelmsford Reforms).
• The Speaker of the Central Legislative Assembly replaced the President of the Central Legislative Assembly under the 1935 Government of India Act. However, the 1935 Act's federal component was never enacted, therefore the old terminology persisted until 1947.
• The honor of becoming the first Speaker belonged to G.V. Mavalankar.
Speaker Selection And Tenure
• The Speaker and Deputy Speaker are both elected under Article 93 of the Indian Constitution.
• The Lok Sabha elects the Speaker from among its members, and when the position becomes vacant, the Lok Sabha elects a new member to fill it.
• The President sets the date for the Speaker election.
Qualifications
• There are no imposed official requirements for becoming Speaker.
• The Constitution simply specifies that the Speaker must be a member of the House.
• But understanding the nation's Constitution and laws, as well as the customs and traditions of Parliament, is regarded as a key asset for the Speaker.
• The Speaker is in office from the day of their election till the first Lok Sabha session that takes place after the one they were elected to.
• Despite the fact that upon the dissolution of the Lok Sabha, the Speaker is no longer a member of the House.
Speaker's Function
• The Speaker serves as the Lok Sabha's head, its representative, and the protector of the members' rights and privileges as well as those of the entire body and its committees.
• As the main representative of the House, he or she has the final say on all matters pertaining to the Parliament.
• The Constitution of India, the Rules of Procedure and Conduct of Business of the Lok Sabha, and Parliamentary Conventions (residual powers not explicitly stated in the Rules) are the three sources from which the Speaker of the Lok Sabha gets his or her authority.
Speaker Duties And Powers
• The fundamental duty and ultimate authority in this matter is to keep the House in good order and decorum while it is doing business and governing its activities.
• He or she serves as the House's final arbiter of how the provisions of the Indian Constitution, the Lok Sabha's rules for conducting business, and parliamentary precedents should be interpreted.
• In the absence of a quorum, he or she adjourns the House or suspends the meeting. One-tenth of the members of the House must be present for a meeting to be deemed valid.
• He or she does not cast a vote in the first round, but in the event of a tie, a casting vote may be used.
• Re-election is possible for the Speaker.
Joint Sitting
• On the Leader of the House's request, he or she may permit a secret session of the House to take place during a joint sitting of the two Houses of Parliament.
• He or she determines whether a bill is a money bill or not, and that determination is final. The Speaker signs his certificate indicating a bill is a money bill when it is sent to the Rajya Sabha for recommendation and presented to the President for approval.
Tenth Schedule
• He or she makes decisions about the disqualification of a Lok Sabha member stemming from defection in accordance with the Tenth Schedule's provisions.
• He or she serves as the ex-officio head of the Indian Parliamentary Group, a conduit between the Indian Parliament and other parliamentary bodies throughout the world.
• In addition to serving as the chairman of the Business Advisory Committee, Rules Committee, and General Purpose Committee, he or she picks the leaders of all the Lok Sabha's parliamentary committees and oversees their operations.
Speaker's Resignation And Removal
The Speaker typically serves through the entire term of the Lok Sabha. However, under any of the following three scenarios, he must leave his office earlier:
• If he quits serving in the Lok Sabha.
• If he gives the Deputy Speaker a written resignation.
• If a motion to dismiss him is approved by a majority of all Lok Sabha members.
• A motion for the Speaker's removal can only be made with 14 days' notice, and the Speaker cannot preside over a House meeting while such a motion is being considered by the House, even if he is present.
• He is still permitted to speak, participate in House procedures, and cast a vote in the first round, but not in the event of a tie.
• The Speaker remains in office until the newly-elected Lok Sabha convenes whenever the Lok Sabha is dissolved.
Speaker's Independence And Neutrality
• The Lok Sabha must approve a special majority resolution to remove the Speaker, who is given tenure security.
• The yearly vote of Parliament does not apply to the Speaker's pay and benefits because they are set by Parliament and charged to the Consolidated Fund of India.
• The Lok Sabha does not allow discussion or criticism of the Speaker's performance without a substantive motion.
• No court has the authority to exercise the Speaker's powers to control procedure, conduct business, or maintain order in the House.
• The post of Speaker is impartialized via voting.
• He or she is assigned an extremely high ranking in the precedence list (tied for eighth place with the Chief Justice of India).
Lok Sabha Chairpersons' Panel
• The Speaker selects a panel of not more than 10 chairpersons from among the members in accordance with Lok Sabha Rules.
• Any of them may lead the House in the absence of the Speaker or Deputy Speaker.
• He has the same authority as the Speaker when presiding. He will continue in office until a new panel of chairs is chosen.
• Any other person chosen by the House to serve as Speaker when a member of the panel of chairpersons is also absent.
• It should be noted that a chairman from the panel cannot lead the House when the Speaker or Deputy Speaker positions are unfilled.
• Any member of the House chosen by the President will serve as the Speaker during this time.
• Elections are held as soon as practicable to fill such positions.
Speaker Pro Tem
• The Speaker of the previous Lok Sabha must resign in accordance with the Constitution prior to the first session of the newly elected Lok Sabha.
• The President appoints a Lok Sabha member to serve as Speaker Pro Tem as a result. Usually, the most experienced member is selected for this.
• The President administers the oath of office to the Speaker Pro Tem. All of the Speaker's authority belongs to the Speaker Pro Tem.
• The freshly elected Lok Sabha's opening session was presided over by him.
• His main duty is to administer the oath to new members. Additionally, he permits the House to select a new Speaker.
• The position of Speaker Pro Tem is eliminated when the new Speaker is chosen by the House.
• As a result, this post is temporary and will only be up for a short while.
Conclusion
The Speaker speaks for the entire House. As the House symbolizes the country, he or she stands for the dignity and freedom of the House. As a result, in a certain sense, the Speaker represents the freedom and liberty of the country. Thus, it is proper that it be an honorable post, a free position, and that it always be filled by men of exceptional talent and objectivity.