Chapter 23: PRESIDING OFFICERS OF THE HOUSES
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
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.
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
When the LS is
dissolved the speaker continues till the new LS is
maintains order and decorum in the house for conducting its
is the final interpreter regarding the constitution, rules
of procedures and
absence of quorum he can adjourn or suspend the house
can vote only in case of tie to resolve deadlocks
decides and certifies whether a bill is a money bill. such
a certification is
decides matters of disqualification of MP under tenth
schedule but his judgment
is subject to judicial review
appoints and supervises chairmen of various house
committees. He is the
chairman of some house committees.
is the chairman of parliamentary forums. he also is the
ex-officio chairman of
conference of presiding officers of various legislative
bodies of country
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.
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.
salaries and allowances are charged on the consolidated
fund of India.
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
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
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
The speaker of the previous Lok Sabha
resigns just before the first sitting of the new Lok
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
OF RAJYA SABHA
The vice president is the
ex-officio chairman of the Rajya Sabha and its presiding
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
committees. His salary and allowances are charged on the
consolidated fund of India
and not subject to vote.
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
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
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
There are 3 sessions of parliament in India
viz. budget, monsoon and
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
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
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
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.
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