Roles and Duties of the Speaker and Deputy Speaker in the Lok Sabha

Introduction

The recent appointment of Bhartruhari Mahtab as the 'Speaker pro tem' of the 18th Lok Sabha by the President of India highlights the importance of understanding the roles and duties associated with the Speaker and Deputy Speaker in the Lok Sabha. This analysis delves into the constitutional provisions, the election process, and the significance of these roles, emphasizing the need for impartiality and effective parliamentary functioning.

Speaker pro tem

• Definition and Purpose: The term 'Speaker pro tem' is not found in the Constitution but is a conventional term meaning 'for the time being' or 'temporary'. It is used to describe the senior-most member of the Lok Sabha appointed by the President to preside over the first meeting of the new Lok Sabha until a full-time Speaker is elected.
• Appointment and Duties: The President appoints the Speaker pro tem to ensure that the office of the Speaker is never left vacant. The Speaker pro tem administers the oath of office to other MPs and oversees the election of the full-time Speaker.

Constitutional Provisions

• Article 94: Ensures that the Speaker does not vacate office until immediately before the first meeting of the Lok Sabha after its dissolution.
• Article 95(1): Provides for the President to appoint a member of the Lok Sabha to perform the duties of the Speaker if both the Speaker and Deputy Speaker positions are vacant.
• Article 93: Mandates the Lok Sabha to elect two members as the Speaker and Deputy Speaker.

Election of Speaker and Deputy Speaker

• Speaker: Elected on a date fixed by the President. Historically, all Speakers in independent India have been elected unopposed.
• Deputy Speaker: Elected on a date fixed by the Speaker. The Deputy Speaker steps in during the vacancy or absence of the Speaker and plays a crucial role in maintaining parliamentary operations.

Role and Responsibilities of the Speaker

1.     Conduct of Business: The Speaker oversees the conduct of business in the Lok Sabha, ensuring orderly proceedings.

2.     Certifying Money Bills: The Speaker certifies bills as Money Bills, which limits the role of the Rajya Sabha in these matters.

3.     Deciding on Disqualification: Under the Tenth Schedule, the Speaker decides on the disqualification of MPs for defection.

4.     Referral of Bills: The Speaker has the power to refer bills to Standing Committees for scrutiny, though this practice has declined in recent years.

5.     Suspension of Members: The Speaker can suspend members for grave disorder in the House, although this power should be exercised with restraint to maintain robust parliamentary functioning.

Importance of Impartiality

• British Convention: In the UK, the Speaker resigns from their political party upon election to reflect impartiality. They seek re-election as 'The Speaker seeking re-election' without party affiliation.
• Indian Practice: Indian Speakers have not resigned from their political parties upon election. Resigning from the party could demonstrate independence and impartiality, enhancing the credibility of the office.

Deputy Speaker

• Role and Convention: Traditionally, the Deputy Speaker position has been offered to the Opposition since 1991, fostering a bipartisan approach. This practice was not followed in the 17th Lok Sabha but should ideally return to strengthen parliamentary democracy.

Conclusion

The roles of the Speaker and Deputy Speaker are pivotal in ensuring the effective functioning of the Lok Sabha. Adherence to constitutional provisions, maintaining impartiality, and upholding healthy parliamentary conventions are essential for a vibrant democracy. The appointment of a Speaker pro tem and the subsequent election of the full-time Speaker are critical steps in this process, ensuring continuity and stability in the legislative framework.

MCQs

Question 1

Consider the following statements regarding the 'Speaker pro tem':

1.     The term 'Speaker pro tem' is found in the Constitution of India.

2.     The 'Speaker pro tem' administers the oath of office to other MPs.

3.     The 'Speaker pro tem' is appointed by the President of India.

Which of the statements given above is/are correct?

A. 1 only
B. 2 and 3 only
C. 1 and 3 only
D. 2 only

Answer: B. 2 and 3 only

Question 2

Which Article of the Indian Constitution ensures that the Speaker of the Lok Sabha shall not vacate his/her office until immediately before the first meeting of the Lok Sabha after its dissolution?

A. Article 93
B. Article 94
C. Article 95
D. Article 96

Answer: B. Article 94

Question 3

With reference to the role of the Speaker of the Lok Sabha, consider the following statements:

1.     The Speaker certifies a Bill to be a Money Bill.

2.     The Speaker decides on the disqualification of members under the Tenth Schedule.

3.     The Speaker is responsible for nominating the Deputy Speaker of the Lok Sabha.

Which of the statements given above is/are correct?

A. 1 and 2 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2 and 3

Answer: A. 1 and 2 only

Question 4

Consider the following conventions regarding the Speaker of the Lok Sabha:

1.     Once elected, the Speaker resigns from his/her political party.

2.     The Speaker seeks re-election as an independent candidate.

Which of the statements given above is/are correct?

A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2

Answer: D. Neither 1 nor 2

Question 5

According to the conventions in the Indian Parliament, who usually holds the position of the Deputy Speaker of the Lok Sabha?

A. A member of the ruling party
B. A member of the Opposition
C. A senior-most member of the Lok Sabha
D. A member nominated by the President

Answer: B. A member of the Opposition

Mains Question for Practice

Discuss the constitutional provisions and conventions related to the roles and duties of the Speaker and Deputy Speaker of the Lok Sabha. How can the impartiality of these offices be ensured?

Answer

Introduction

The roles of the Speaker and Deputy Speaker of the Lok Sabha are pivotal in the smooth functioning of the Indian Parliament. These positions are entrusted with maintaining order during debates, ensuring the legislative process is conducted fairly, and upholding the Constitution. This answer delves into the constitutional provisions, the election process, the duties associated with these roles, and the conventions that ensure their impartiality.

Constitutional Provisions

1.     Article 93: Mandates the election of the Speaker and Deputy Speaker by the members of the Lok Sabha. This ensures that both positions are filled through a democratic process within the House.

2.     Article 94: States that the Speaker shall not vacate office until immediately before the first meeting of the Lok Sabha after its dissolution, ensuring continuity in parliamentary proceedings.

3.     Article 95(1): Provides that when the positions of both Speaker and Deputy Speaker are vacant, the President shall appoint a member of the Lok Sabha to perform the duties of the Speaker. This member is referred to as the 'Speaker pro tem' and presides over the election of the full-time Speaker.

4.     Tenth Schedule: Empowers the Speaker to decide on the disqualification of members on grounds of defection, reflecting the Speaker's role in maintaining the integrity of the House.

Election Process

• Speaker: Elected on a date fixed by the President. Historically, the election of the Speaker has been a unanimous process with candidates being elected unopposed.
• Deputy Speaker: Elected on a date fixed by the Speaker. Traditionally, the Deputy Speaker's position has been offered to a member of the Opposition, fostering a bipartisan approach within the Lok Sabha.

Roles and Duties

1.     Conduct of Business: The Speaker presides over the sessions of the Lok Sabha, maintaining order and decorum during debates. The Speaker ensures that the proceedings are conducted in accordance with parliamentary rules and practices.

2.     Certification of Money Bills: The Speaker certifies bills as Money Bills, which limits the Rajya Sabha's role in these financial matters. This certification is crucial as it determines the legislative process for financial legislation.

3.     Disqualification of Members: Under the Tenth Schedule, the Speaker decides on matters of disqualification related to defection. This role is critical in maintaining the stability and discipline of political parties within the House.

4.     Referral of Bills: The Speaker has the authority to refer bills to Standing Committees for detailed examination and scrutiny. This practice enhances the legislative process by allowing for in-depth analysis and discussion.

5.     Suspension of Members: The Speaker can suspend members for grave disorder in the House. This power is essential for maintaining order but should be exercised judiciously to ensure fair representation and debate.

Conventions and Impartiality

1.     Impartiality: The Speaker is expected to be impartial and fair, upholding the dignity of the House. To ensure impartiality, the Speaker should ideally resign from their political party upon election, as practiced in the UK Parliament. This step can help in demonstrating the Speaker's neutrality.

2.     British Convention: In the UK, once elected, the Speaker resigns from their political party and seeks re-election as an independent candidate. This practice reflects the Speaker's commitment to impartiality and neutrality.

3.     Indian Practice: While Indian Speakers have not traditionally resigned from their political parties, adopting this practice could enhance the credibility and impartiality of the office. Former Speaker Somnath Chatterjee demonstrated independence by refusing to resign from his post despite his party's direction, setting a notable precedent.

4.     Deputy Speaker's Role: Traditionally, the Deputy Speaker's position has been offered to a member of the Opposition. This practice, which began in 1991, ensures a balanced representation of interests within the House. The absence of a Deputy Speaker in the 17th Lok Sabha was a deviation from this healthy convention, and its restoration would be beneficial.

Conclusion

The roles of the Speaker and Deputy Speaker are fundamental to the functioning of the Lok Sabha. Adherence to constitutional provisions and conventions ensures that these positions are filled democratically and function impartially. The adoption of practices that emphasize neutrality, such as resigning from political parties upon election, can further enhance the impartiality of these offices. Ensuring the Speaker and Deputy Speaker's independence is essential for maintaining the integrity and effectiveness of parliamentary proceedings, ultimately strengthening India's democratic framework.