Speaker
What is a term Speaker?
A Speaker serves as the presiding officer and the highest authority of a legislative body. At the Union level, the Speaker of the Lok Sabha functions as the constitutional and ceremonial head of the House. The Indian Constitution provides for the appointment of a Speaker in every State Legislative Assembly. The Speaker’s primary role is to preside over the proceedings of the House, ensuring order and discipline of the House during legislative Session.
Official Definition of ‘Speaker’
Speaker’ as defined in legislation
Article 93 of the Constitution of India[1] establishes the office of the speaker of the Lok Sabha. According to Article 93, the House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be. Similarly, Article 178 of the Constitution of India[2] establishes the offices of Speaker and Deputy Speaker in State Legislative Assemblies.
Legal Provisions Relating to ‘Speaker’
Constitution of India
- Article 93/178: Appointment of the Speaker and Deputy Speaker of the Lok Sabha/ Legislative Assembly[3] Articles 93 and 178 of the Constitution of India provide for the establishment of the offices of the Speaker and the Deputy Speaker in the Lok Sabha and the Legislative Assemblies of the States, respectively. They mandate that each House shall elect a Speaker and a Deputy Speaker from among its members to preside over and conduct the proceedings of the House.
- Article 94/179: Vacation/resignation/removal from the offices of Speaker and Deputy Speaker of the Lok Sabha/Legislative Assembly[4] Articles 94 and 179 outline the conditions for vacation, resignation, and removal from the offices of Speaker and Deputy Speaker of the Lok Sabha and the Legislative Assemblies of the States, respectively.
- Article 95/180: Power of the Deputy Speaker or other person(s) to perform the duties of the office of or to act as the Speaker of the Lok Sabha/Legislative Assembly[5] Articles 95 and 180 empower the Deputy Speaker, or in their absence another designated member, to perform the duties and functions of the Speaker of the Lok Sabha or the Legislative Assembly.
- Article 96/181: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration[6] Articles 96 and 181 stipulate that the Speaker or the Deputy Speaker shall not preside over a sitting of the House while a resolution for their removal from office is under consideration.
- Article 100/189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum[7] Articles 100 and 189 mention that the Speaker shall have a casting vote in the event of a tie in the voting in the House.
· Election of the Speaker
The Speaker is elected by the members of the legislative body (Lok Sabha or Legislative Assembly of the State) from amongst themselves by a simple majority present and voting.[8]
Term and Conditions of Office
The Speaker holds Office from the date of his/her election till immediately before the first meeting of the next Lok Sabha.[9]
Powers and Functions of Speaker
§ Presiding over House Proceedings
The Speaker regulates proceedings, holding the power to maintain order and decorum in the House.[10]
§ Interpretation of rules
The Speaker is the final interpreter of the Rules of Procedure and Conduct of Business of Lok Sabha and the parliamentary precedents within the House.
§ Joint Sitting of Both Houses
The Speaker presides over the joint sitting of the two Houses of the Parliament.[11]
§ Voting Powers
The Speaker does not vote in the first instance but in the case of a tie, the speaker has a casting vote. The purpose of a casting vote by the speaker is to resolve a deadlock.[12]
§ Regulatory Functions
The Speaker can adjourn the House or suspend the meeting in the absence of quorum.[13]
§ Deciding on Money Bill
The Speaker decides whether a bill is a money bill or not and has a final say in this matter.[14]
§ Deciding on the Disqualification of Members
It is the Speaker who decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule.[15]
§ Committee Oversight
The Committees of the House are constituted by the speaker and functions under the speaker’s overall direction. It is the speaker who nominates the chairmen of all parliamentary committees.[16]
§ Guardian of the rights and privileges of the House
The speaker is the guardian of the rights and privileges of the House, its committees and members. It depends solely on the speaker to refer any question of privilege to the Committee of Privileges for examination, investigation and report.[17]
§ Administrative Authority
As head of the Lok Sabha Secretariat, the Speaker manages administrative affairs and security arrangements within the Parliament Estate.
‘Speaker’ as defined in case laws
- Satish Chandra v. Lok Sabha[18] The Court reiterated the point that the Speaker is the exclusive guardian of parliamentary procedure and privileges. Article 122(2) renders the Speaker’s decisions on procedure final and court intervention is permissible only when legislative action is tainted by substantive illegality.
- Kihoto Hollohan v. Zachillhu[19] The court held that the speaker has the legislative competence to adjudicate in cases of disqualification proceedings of the elected members. The position of the speaker is a venerable one in a parliamentary democracy like that of India and the speaker is regarded as the embodiment of impartiality and discipline in a parliamentary democracy.
- Nebam Rebia v Deputy Speaker Case[20] The court ruled that a speaker is barred from deciding disqualification petitions under the anti-defection law if a notice for their removal is pending.
- Shrimanth Balasaheb v Hon’ble Speaker[21] The Court underscored the importance of maintaining the Speaker’s neutrality and independence, recommending that Parliament strengthen the Tenth Schedule by introducing stricter safeguards to uphold the impartiality of the Speaker.
Research that engages with
[3]Speakers must rise above party loyalties, with Constitution as their guiding light.
[4] Speaker, Court and the Parliamentary Democracy in India.
[5] Role of the Office of the Speaker as an Adjudicatory Authority under Anti-Defection Law in India: A Critical Study
[6] An Analysis of the Position of Speaker in Lok Sabha in India from 1952 to 2020 with Special Reference to the Position of Speaker of House of Representatives in the United State.
[7] Guardian or gatekeeper? – questioning the speaker’s neutrality in the realm of money bills.
[8] Judicial Obliqueness: The Supreme Court, the Office of the Speaker, and the Politics of Constitutional Abstraction.
[9] Political Process Failure in the Indian Parliament: Studying Abuse of Power by the Chair and How it Can be Addressed.
Data Challenges
Analyzing the Speaker’s role under the Constitution faces several challenges. There is limited empirical data on the Speaker’s decisions, rulings, and use of discretionary powers, as official records are often qualitative rather than statistical. Differences between the Lok Sabha and various State Legislative Assemblies further complicate comparative study. Moreover, the political nature of the office especially in matters of disqualification and maintaining neutrality makes available data subject to bias. Inconsistent judicial interpretations also hinder objective analysis, making it difficult to assess the Speaker’s constitutional performance comprehensively.
Related Terms
- Deputy Speaker of the Lok Sabha: The Lok Sabha elects a Deputy Speaker from among its members to perform the duties of the Speaker when the office is vacant or in the Speaker's absence.
- Speaker Pro Tem: The Constitution provides for a temporary Speaker to preside over the first meeting of a newly-elected Lok Sabha.
- Casting Vote: Under Article 100, the Speaker cannot vote in the first instance, but in the case of a tie, they can exercise a deciding or "casting" vote to resolve the deadlock.
- Panel of Chairpersons: In the absence of both the Speaker and the Deputy Speaker, a member from a panel of ten Chairpersons, nominated by the Speaker, presides over the House.
References
- ↑ Article 93 Constitution of India [1]
- ↑ Article 178 Constitution of India [2]
- ↑ Article 93/178 Constitution of India
- ↑ Article 94/179 Constitution of India
- ↑ Article 95/180 Constitution of India
- ↑ Article 96/181 Constitution of India
- ↑ Article 100/189 Constitution of India
- ↑ Article 93 Constitution of India
- ↑ Article 94 Constitution of India
- ↑ Rules of Procedure and Conduct of Business in Lok Sabha
- ↑ Chapter II APPENDIX I The Houses of Parliament (Joint Sittings and Communications) Rules Rules of Procedure and Conduct of Business in Lok Sabha
- ↑ Article 100(1)/189(1) Constitution of India
- ↑ Article 189(4) Constitution of India
- ↑ Article 110(3) Constitution of India
- ↑ Tenth Schedule Constitution of India
- ↑ Chapter XXVI Rules of Procedure and Conduct of Business in Lok Sabha
- ↑ Chapter XX Rules of Procedure and Conduct of Business in Lok Sabha
- ↑ Satish Chandra v. Lok Sabha (2014) 2 SCC 178.
- ↑ Kihoto Hollohan v. Zachillhu 1992 Supp (2) SCC 651.
- ↑ Nabam Rebia & Bamang Felix v. Dy. Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1.
- ↑ Shrimanth Balasaheb Patil v. Karnataka Legislative Assembly, (2020) 2 SCC 595.