Speaker of the Lok Sabha: Election, Powers and Functions

Introduction

The Speaker of the Lok Sabha is the presiding officer who conducts the proceedings of the House of the People. The Speaker maintains order, applies the rules of procedure and helps the Lok Sabha perform its legislative functions. Articles 93 to 96 of the Indian Constitution deal with the appointment, removal and duties of the Speaker and Deputy Speaker.

Meaning and Constitutional Position of the Speaker

The Speaker is a member of the Lok Sabha elected by the House to preside over its proceedings. The Speaker is responsible for conducting parliamentary business fairly, maintaining discipline and ensuring that the rules of the House are followed.

Article 93 provides for the election of a Speaker and a Deputy Speaker from among the members of the Lok Sabha. The Constitution does not prescribe additional qualifications for these offices beyond membership of the House.

Although the Speaker is a member of a political party, the office requires impartiality (fair treatment without favouring one side). The Speaker's decisions affect the conduct of debates, voting and the functioning of the Lok Sabha.

Election of the Speaker and Deputy Speaker

Under Article 93, the Lok Sabha must choose two of its members to serve as Speaker and Deputy Speaker as soon as may be after the House is constituted. Whenever either office becomes vacant, the House must choose another member for that office.

Election by Members of the Lok Sabha

The Speaker and Deputy Speaker are elected by the members of the Lok Sabha in accordance with the applicable rules and procedure. The Constitution does not separately prescribe a special majority for their election; the election is generally decided by a majority of members present and voting.

Qualifications

The Constitution requires the Speaker and Deputy Speaker to be members of the Lok Sabha. It does not prescribe a separate professional qualification or require a particular number of years of parliamentary experience.

Knowledge of the Constitution, parliamentary rules and legislative practice is important for performing these responsibilities effectively.

Powers and Functions of the Speaker

The Speaker performs several legislative, procedural and administrative functions to ensure that the Lok Sabha works in an orderly manner.

Presiding Over the Lok Sabha

The Speaker presides over meetings of the Lok Sabha and conducts its proceedings according to the Constitution and the Rules of Procedure.

The Speaker gives members an opportunity to participate in debates, regulates the order of business and ensures that parliamentary proceedings follow the applicable rules.

Maintaining Discipline and Order

The Speaker maintains discipline and decorum (proper and respectful behaviour) in the House. The Speaker may direct members to withdraw disorderly remarks, order members to leave the House where the rules permit, and take other disciplinary steps under the applicable parliamentary rules.

Suspension of members must follow the relevant constitutional provisions and parliamentary rules; the Speaker does not have unlimited power to punish members.

Regulating Questions, Motions and Debates

The Speaker applies the rules governing parliamentary questions, motions, resolutions and debates. The Speaker determines whether notices meet the applicable requirements and whether particular business may be taken up under the rules.

This includes matters such as adjournment motions, no-confidence motions and calling-attention notices, subject to the relevant procedural requirements.

Deciding Whether a Bill Is a Money Bill

Under Article 110(3), the Speaker of the Lok Sabha decides whether a Bill is a Money Bill. The Speaker's certificate that a Bill is a Money Bill is endorsed when it is transmitted to the Rajya Sabha or presented to the President.

A Money Bill is a Bill dealing only with the matters listed in Article 110, such as specified taxation, government borrowing and the withdrawal of money from the Consolidated Fund of India.

Article 110(3) states that the Speaker's decision on whether a Bill is a Money Bill is final. The scope of judicial review (examination by courts) of such decisions has also been considered by the Supreme Court.

Presiding Over Joint Sittings of Parliament

Under Article 108, the Speaker presides over a joint sitting of the Lok Sabha and Rajya Sabha when one is called to resolve certain disagreements between the two Houses over a Bill.

If the Speaker is absent, the Deputy Speaker or another person specified by the Constitution and parliamentary rules may preside.

Voting in the Lok Sabha

Under Article 100, the Speaker ordinarily does not vote in the first instance. However, when the votes are equally divided, the Speaker may exercise a casting vote to resolve the tie.

The Speaker therefore participates in voting differently from an ordinary member of the House.

Deciding Questions of Disqualification on Grounds of Defection

Under the Tenth Schedule, added by the 52nd Constitutional Amendment Act, 1985, the Speaker decides questions concerning the disqualification of Lok Sabha members on grounds of defection (changing political allegiance in circumstances covered by the Constitution).

The Supreme Court has held that decisions made under the Tenth Schedule are subject to judicial review, although courts ordinarily do not interfere before the Speaker has made a decision, subject to recognised exceptions.

Administrative Responsibilities

The Speaker oversees the functioning of the Lok Sabha Secretariat, which provides administrative and procedural support to the House. The Secretariat assists members, maintains parliamentary records and supports the conduct of proceedings.

The Speaker also performs formal parliamentary duties, including making statements of condolence and other official references during House proceedings.

Vacation, Resignation and Removal of the Speaker

Article 94 explains when the Speaker or Deputy Speaker leaves office.

When the Office Becomes Vacant

The Speaker must vacate the office if they cease to be a member of the Lok Sabha. The office may also become vacant through resignation or removal.

Resignation

The Speaker may resign by writing addressed to the Deputy Speaker. The Deputy Speaker resigns by writing addressed to the Speaker.

Removal by Resolution

The Lok Sabha may remove the Speaker by passing a resolution supported by a majority of all the then members of the House. This is an effective majority, not merely a majority of members present and voting.

At least fourteen days' notice must be given before a resolution to remove the Speaker is moved.

Continuation After Dissolution of the Lok Sabha

Under Article 94, when the Lok Sabha is dissolved, the Speaker does not immediately leave office. The Speaker continues until immediately before the first meeting of the newly constituted Lok Sabha.

This ensures continuity in the office during the period between the dissolution of one Lok Sabha and the first meeting of the next.

Role of the Deputy Speaker and Article 95

The Deputy Speaker assists in the conduct of parliamentary proceedings and performs the Speaker's duties in specified circumstances.

When the Office of Speaker Is Vacant

Under Article 95(1), when the office of Speaker is vacant, the Deputy Speaker performs the duties of the office. If the office of Deputy Speaker is also vacant, the President appoints a member of the Lok Sabha to perform those duties.

When the Speaker Is Absent

Under Article 95(2), if the Speaker is absent from a sitting, the Deputy Speaker presides. If the Deputy Speaker is also absent, another member determined under the Rules of Procedure presides. If no such person is available, the House determines who will preside.

The arrangements for a vacant office are therefore different from those for the temporary absence of the Speaker.

Speaker and Deputy Speaker During Removal Proceedings: Article 96

Article 96 establishes safeguards for proceedings to remove the Speaker or Deputy Speaker.

Speaker Facing a Removal Resolution

When a resolution for the removal of the Speaker is under consideration, the Speaker cannot preside over that sitting, even if present. The Deputy Speaker or another person authorised under the applicable rules presides.

The Speaker may speak and take part in the proceedings. The Speaker may vote in the first instance on the resolution or another matter during those proceedings but cannot exercise a casting vote in the event of a tie.

Deputy Speaker Facing a Removal Resolution

When a resolution for the removal of the Deputy Speaker is under consideration, the Deputy Speaker cannot preside over that sitting, even if present. The Speaker may preside if available; otherwise, the applicable rules determine who presides.

These provisions prevent the officer whose removal is being considered from controlling the proceedings on that resolution.

Important Case Law

Kihoto Hollohan v. Zachillhu (1992)

The Supreme Court of India considered the Speaker's role under the Tenth Schedule, which deals with disqualification on grounds of defection.

The Court upheld the constitutional framework for deciding defection cases but held that the Speaker's decisions are subject to judicial review.

Principle: The Speaker's authority under the anti-defection law is not beyond the scrutiny of constitutional courts.

Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020)

The Supreme Court considered delays in deciding disqualification petitions under the Tenth Schedule. It emphasised that such petitions should ordinarily be decided within a reasonable period and indicated that three months would generally be an appropriate period, unless exceptional circumstances justify a longer period.

Principle: The Speaker must exercise decision-making powers under the anti-defection law within a reasonable time.

Distinction Between the Speaker and the Deputy Speaker

Practical Example

Suppose a Bill is introduced in the Lok Sabha and a dispute arises over whether it qualifies as a Money Bill. Under Article 110(3), the Speaker decides whether the Bill is a Money Bill.

Later, if members create serious disorder during a debate, the Speaker may use the powers available under the parliamentary rules to restore order. If the Speaker is absent from a sitting, the Deputy Speaker may preside.

If the Lok Sabha later considers a resolution to remove the Speaker, the Speaker cannot preside over that sitting but may participate in the debate and vote in the first instance, as provided by Article 96.

This example illustrates the Speaker's procedural authority and the constitutional limits placed on its exercise.

Summary

• Article 93 provides for the election of the Speaker and Deputy Speaker from among the members of the Lok Sabha.
• Article 94 deals with resignation, removal and the circumstances in which either officer leaves office.
• The Speaker presides over the Lok Sabha, maintains order and regulates debates, motions and other parliamentary business.
• Under Article 110(3), the Speaker decides whether a Bill is a Money Bill.
• Under Article 108, the Speaker presides over joint sittings of Parliament when constitutionally required.
• Under Article 100, the Speaker ordinarily does not vote in the first instance but may exercise a casting vote when votes are equally divided.
• The Speaker decides disqualification questions under the Tenth Schedule, subject to judicial review.
• Article 95 explains who performs the Speaker's duties when the office is vacant or the Speaker is absent.
• Article 96 prevents the Speaker or Deputy Speaker from presiding over a sitting considering their own removal.
• In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court held that decisions under the anti-defection law are subject to judicial review.