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SPEAKER, DEPUTY SPEAKER, AND SPEAKER PRO TEM



  Jun 27, 2024

SPEAKER, DEPUTY SPEAKER, AND SPEAKER PRO TEM



1. Election of the Speaker:

• Process: Article 93 of the Constitution states that the Lok Sabha shall choose two members to be its Speaker and Deputy Speaker.
• Date: The election of the Speaker is held on a date fixed by the President.
• Tradition: All the Speakers in independent India have been elected unopposed.
• Role in Election: The Speaker pro tem administers the oath of office to new MPs and presides over the election of the full-time Speaker.

2. Duties of the Speaker:

• Conduct of Business: Presides over the sessions of the Lok Sabha, maintaining order and decorum.
• Certification of Bills: Certifies a Bill as a Money Bill, over which the Rajya Sabha has limited authority.
• Disqualification Decisions: Decides on disqualification of members under the Tenth Schedule for defection.
• Referral of Bills: Refers Bills to Standing Committees.
• Suspension of Members: Can suspend members for grave disorder up to a maximum of five days.

3. Office of the Speaker pro tem:

• Temporary Role: ‘Speaker pro tem’ means ‘for the time being’ or ‘temporary.’
• Appointment: Appointed by the President when the posts of Speaker and Deputy Speaker are vacant.
• Duties: Administers the oath of office to new MPs and presides over the election of the full-time Speaker.

4. Constitutional Provisions:

• Article 94: Ensures that the office of the Speaker is never left vacant.
• Article 95(1): Provides for the appointment of a member of the Lok Sabha to perform the duties of the Speaker when the post is vacant.
• Article 93: States that the Lok Sabha shall choose two members to be its Speaker and Deputy Speaker.
• Article 99: Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

5. Election of the Deputy Speaker:

• Process: Elected by the Lok Sabha on a date fixed by the Speaker.
• Current Practice: Traditionally, the post has been offered to the Opposition, though this has not always been followed.

6. Preserving Impartiality of the Speaker’s Office:

• Resignation from Political Party: In Britain, the Speaker resigns from their political party to ensure impartiality. This practice has not been adopted in India.
• Independence in Decision-Making: The Speaker should act independently, avoiding undue influence from their political party.

7. Main Roles of the Speaker:

• Maintaining Order: Ensures smooth conduct of business in the House.
• Administrative Functions: Oversees administrative functions and parliamentary affairs.
• Neutral Arbiter: Acts as a neutral arbiter, maintaining impartiality in decision-making.

8. Importance of the Deputy Speaker:

• Substitute Role: Steps in during the absence or vacancy of the Speaker.
• Tradition: Since 1991, the post has often been held by a member of the Opposition, promoting balanced representation.

Conventions and Recommendations:

• Adopting Best Practices: The Speaker could demonstrate independence by resigning from their political party upon election, similar to practices in Britain.
• Balanced Representation: The healthy convention of offering the Deputy Speaker post to the Opposition should be maintained to ensure balanced representation and impartiality.


SRIRAM’S


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