Chapter 23: PRESIDING OFFICERS OF THE HOUSES

Speaker

Speaker is the presiding officer of the house. There is a deputy speaker too and a panel of 10 chairpersons for the Lok Sabha nominated by the speaker from amongst Lok Sabha MP’s to preside if both are absent.

When even these panelists are absent, any member of the house, as determined by the house acts as the presiding officer.

The panel can’t preside over the house when the office of speaker or deputy speaker is vacant; in such cases the president decides who shall preside over the house from amongst its members.

Election:

Speaker is elected from amongst the member of the LS and remains in office during the life of the Lok Sabha unless he resigns [by writing to the deputy speaker], ceases to be member of LS, is removed by a resolution of total membership of the house.

When the LS is dissolved the speaker continues till the new LS is reassembled.

Powers:

1.      he maintains order and decorum in the house for conducting its proceedings

2.      he is the final interpreter regarding the constitution, rules of procedures and parliamentary conventions

3.      in absence of quorum he can adjourn or suspend the house meeting

4.      he can vote only in case of tie to resolve deadlocks

5.      He decides and certifies whether a bill is a money bill. such a certification is final

6.      he decides matters of disqualification of MP under tenth schedule but his judgment is subject to judicial review

7.      He appoints and supervises chairmen of various house committees. He is the chairman of some house committees.

8.      He is the chairman of parliamentary forums. he also is the ex-officio chairman of conference of presiding officers of various legislative bodies of country

9.      He presides over joint sitting of parliament convened to resolve deadlocks between two houses. He can also convene a secret sitting of a house where none can be present in house galleries without speaker’s permission.

10.  His behavior in house can’t be discussed except on a substantive motion. His decision in maintaining order and decorum can be questioned in any court.

11.  His salaries and allowances are charged on the consolidated fund of India.


DEPUTY SPEAKER OF LOK SABHA

He too is elected by the house after the speaker on a day decided by speaker. His terms of office and grounds for removal and procedure for removal, provision for salary and allowances are same as speaker. He resigns by writing to the speaker.

When he is the presiding officer of the house in absence of speaker he has same powers as the speaker. He isn’t subordinate to the speaker but directly responsible to the house.

Whenever the speaker is present the deputy speaker becomes an ordinary member of the house. However if he is a member of a parliamentary committee then he automatically becomes the chairman of the committee. Both the speaker and the deputy speaker don’t take any oath for office.

The Government of India Act, 1919 created the institutions of speaker and deputy. Sachinanand Sinha was the first deputy speaker of the central legislative assembly. Vithalbhai Patel was the first Indian speaker of the central legislative assembly. G.V. Malvankar was the speaker of the first Lok Sabha and also speaker of the constituent assembly [legislative].


SPEAKER PRO-TEM

The speaker of the previous Lok Sabha resigns just before the first sitting of the new Lok Sabha.

Hence to preside over the temporary Lok Sabha the president selects a member [by convention the senior most] to preside over the first session. The oath of speaker pro tem is administered by the president himself.

The speaker pro tem enables in election of new speaker. He also administers oath to the members of the house.


CHAIRMAN OF RAJYA SABHA

The vice president is the ex-officio chairman of the Rajya Sabha and its presiding officer.

He isn’t a member of the Rajya Sabha unlike the speaker.

He has the same powers and functions as the speaker of the Lok Sabha. He can be removed from his position only when he is removed from the post of vice president. This needs a majority of total membership of the house.

The chairman nominates from amongst members of Rajya Sabha a panel of chairpersons who preside over the house when both chairman and vice chairman are absent.

If even all the panel members are absent then any person chosen by the house presides over it.

If there is a vacancy in the office of chairman or vice chairman the panel members can preside over the house. In this case the president shall nominate a person suitable to preside till the new chairman is elected.

He can’t vote on house bills but only in case of equality of votes.

When a resolution considering his removal is being considered he isn’t the presiding officer and he can’t vote even in the first instance. He nominates members of Rajya Sabha to various house committees. His salary and allowances are charged on the consolidated fund of India and not subject to vote.


VICE CHAIRMAN OF RAJYA SABHA

Rajya Sabha nominates from amongst its members a vice chairman. He presides over the house in case the chairman is absent or office is vacant or vice president has to act as the president. In all cases he has same powers and duties as the chairman.

He isn’t subordinate to the chairman but is directly responsible to the house. When chairman is present he acts as any other member.

He can be removed by total majority of the membership of the house, or by resigning in writing to the chairman or when he ceases to be a member of the Rajya Sabha.

Miscellaneous:

Leader of the house is the prime minister in the Lok Sabha if he is a member of Lok Sabha or a minister nominated by him. Similarly there is a leader of house in the Rajya Sabha too who is nominated by the PM.

Leader of opposition is the leader of the largest party in the house but should have atleast one tenth seats of the total strength of the house.

Sessions of the parliament are called by the president by summoning each house. The maximum time period between two sessions is six months hence parliament sessions have to be two in a year.

There are 3 sessions of parliament in India viz. budget, monsoon and winter.

The speaker of the house adjourns sessions i.e. the sitting is terminated but not the session.

Adjournment sine die means adjourning without deciding a day of reassembly or indefinitely adjourning, this too can be done by the presiding officer. However only the president terminates the session i.e. prorogation.

This is done after the presiding officer adjourns sine die. Dissolution is done by the president only and it ends the life of the Lok Sabha and new elections have to be held. This dissolution is irrevocable.


Status of Bills if Lok Sabha dissolves:

Whenever a Lok Sabha dissolves the bills that are pending before it [transmitted to it by RS or originating before it] lapse, also all bills passed by the Lok Sabha but not approved by RS also lapse.

However bills originating in the RS and not yet passed by it or not yet transmitted to LS don’t lapse; also bills passed by both houses waiting president’s assent don’t lapse.

Bills send by president for reconsideration don’t lapse.

Bills held due to deadlock and president have notified a joint sitting on them before the LS was dissolved also don’t lapse.

Ministers of the central government or attorney general are allowed to take part in the proceedings of the house. But the ministers can’t vote in house to which they don’t belong as members.

Quiz

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