Presiding Officers of Parliament

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  • Speaker and Deputy Speaker of Lok Sabha, do not make any separate oath or affirmation.
  • Institutions of Speaker and Deputy Speaker of Lok Sabha originated in India in 1921 under Government of India Act of 1919.
  • Those posts were called the President and Deputy President.
  • Government of India Act of 1935 changed the name but it continues till 1947
  • Frederick Whyte and Sachidanand Sinha were appointed as 1st Speaker and the 1st Deputy Speaker of the central legislative assembly.
  • In 1925, Vithalbhai J. Patel became the 1st Indian and the 1st elected Speaker of the central legislative assembly.
  • G V Mavalankar was the 1st Speaker of Lok Sabha.
  • He was also the Speaker of Constituent Assembly (Legislative) as well as the provisional Parliament.
  • 1st Vice-President & Chairman of Rajya Sabha was Sarvepalli Radhakrishnan.
  • 1st Deputy Chairman of Rajya Sabha was S. V. Krishnamoorthy Rao.

 

Speaker of Lok Sabha

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Speaker of Lok Sabha

Election & Tenure

  • The Speaker of Lok Sabha is elected by the Lok Sabha from amongst its members.
  • Elected as soon as may be, after its first sitting.
  • The office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy.
  • The date of election of the Speaker of Lok Sabha is fixed by the President.
  • Office will be vacated earlier in three cases:
    1. If he ceases to be a member of the Lok Sabha;
    2. If he resigns by writing to the Deputy Speaker of Lok Sabha.
    3. If he is removed by a resolution passed by a majority of all the members of the Lok Sabha. Resolution need 14 days’ advance notice.
  • When a resolution for the removal of the Speaker is under consideration, he cannot preside at the sitting of the House but can take part and vote
  • Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected lok Sabha meets

 

Role, Powers & Functions

  • The Speaker is the head of the Lok Sabha, and its representative.
  • He is the guardian of powers and privileges of the members, the House as a whole and its committees.
  • He is the principal spokesman of the House
  • His decision in all Parliamentary matters is final.
  • The Speaker derives his powers and duties from three sources
    • Constitution of India
    • Rules of Procedure and Conduct of Business of Lok Sabha
    • Parliamentary Conventions
  • He maintains order and decorum in the House as his primary responsibility, and he has final power in this.
  • He is the final interpreter of the provisions of
    • Constitution of India
    • Rules of Procedure and Conduct of Business of Lok Sabha
    • Parliamentary precedents, within the House
  • He adjourns the House or suspends the meeting in absence of a quorum.
  • He does not vote in the first instance. But he can exercise a casting vote in the case of a tie. Such vote is called casting vote
  • He presides over a joint setting of the two Houses of Parliament.
  • He can allow a ‘secret’ sitting of the House at the request of the Leader of the House.
  • In secret sitting no stranger can be present in the chamber, lobby or galleries except with the permission of the Speaker.
  • Speaker of Lok Sabha decides whether a bill is a money bill or not and his decision on this question is final.
  • He decides the questions of disqualification of a member of the Lok Sabha, on the ground of defection and its subject to judicial reviews as per Supreme Court order in 1992
  • He acts as the ex-officio chairman of the Indian Parliamentary Group which acts as a link between the Parliament of India and the various parliaments of the world.
  • Speaker of Lok Sabha also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.
  • He appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning.
  • He himself is the chairman of
    • Business Advisory Committee
    • Rules Committee
    • General Purpose Committee.

 

Independence & Impartiality

  • Speaker of Lok Sabha is provided with a security of tenure.
  • He can be removed only by a resolution passed by the Lok Sabha by an effective majority
  • Motion of removal need support of at least 50 members
  • His salaries and allowances are fixed by Parliament and charged on the Consolidated Fund of India
  • His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion.
  • Speaker of Lok Sabha is placed at 7th rank, along with the Chief Justice of India.
  • In Britain, the Speaker is strictly a non-party man.
  • There is a convention that the Speaker has to resign from his party

 

 

Deputy Speaker of Lok Sabha

  • Deputy Speaker of Lok Sabha is also elected by the Lok Sabha itself from amongst its members.
  • He is elected after the election of the Speaker of Lok Sabha has taken place.
  • The date of election of the Deputy Speaker is fixed by the Speaker.
  • He resigns by writing to the Speaker
  • The Deputy Speaker of Lok Sabha performs the duties of the Speaker’s office when it is vacant or absent
  • Deputy Speaker of Lok Sabha is not subordinate to the Speaker.
  • He is directly responsible to the House.
  • If he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.
  • When the Speaker presides over the House, the Deputy Speaker of Lok Sabha is like any other ordinary member of the House.
  • Since the 11th Lok Sabha, post of Deputy Speaker goes to the main opposition party.

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Speaker of Lok Sabha Deputy Speaker of Lok Sabha pro tem speaker

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Panel of Chairpersons of Lok Sabha

  • Under the Rules of Lok Sabha, the Speaker of Lok Sabha nominates a panel of not more than ten chairpersons, from members
  • Any of them can preside over the House in the absence of the Speaker or the Deputy Speaker.
  • He holds office until a new panel of chairpersons is nominated.
  • Member of the panel of chairpersons cannot preside over the House, when the office of the Speaker or the Deputy Speaker is vacant.
  • During such time, President may appoint any member
  • The elections are held, as soon as possible, to fill the vacant posts.

 

 

Pro Tem Speaker

  • As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly elected Lok Sabha.
  • President appoints a member of the Lok Sabha as the Pro Tem Speaker.
  • Usually, the senior most member is selected for Pro Tem Speaker.
  • Pro Tem Speaker presides over the first sitting of the newly-elected Lok Sabha.
  • His main duty is to administer oath to the new members.
  • Pro Tem Speaker also enables the House to elect the new Speaker.
  • When the new Speaker is elected by the House, the office of the Pro Tem Speaker ceases.

 

 

Chairman of Rajya Sabha

  • The vicepresident of India is the ex-officio Chairman of Rajya Sabha.
  • During any period when the Vice-President acts as President he does not perform the duties of the Chairman of Rajya Sabha.
  • The Chairman of the Rajya Sabha can be removed from his office only if he is removed from the office of the Vice-President.
  • As a presiding officer, the powers and functions of the Chairman of Rajya Sabha are similar to those of the Speaker in the Lok Sabha.
  • Chairman of Rajya Sabha is not a member of the House.
  • Chairman of Rajya Sabha also cannot vote in the first instance.
  • He can use casting vote.
  • The Vice-President cannot preside over a sitting of the Rajya Sabha  when a resolution for his removal is under consideration.
  • He can be present and speak in the House without voting.
  • Salaries and allowances of the Chairman of Rajya Sabha are also fixed by the Parliament.
  • They are charged on the Consolidated Fund of India

 

 

Deputy Chairman of Rajya Sabha

  • The Deputy Chairman of Rajya Sabha is elected by the Rajya Sabha itself from amongst its members.
  • The Deputy Chairman of Rajya Sabha vacates his office in any of the following three cases:
    1. If he ceases to be a member of the Rajya Sabha
    2. If he resigns by writing to the Chairman
    3. If he is removed by a resolution passed by a effective majority of the Rajya Sabha. Such a resolution need 14 days’ advance notice.
  • The Deputy Chairman of Rajya Sabha perform as Chairman when
    • Post of Chairman of Rajya Sabha is vacant or absent
    • When the Vice-President acts as President
  • Deputy Chairman of Rajya Sabha is not subordinate to the Chairman.
  • He is directly responsible to the Rajya Sabha.
  • When the Chairman of Rajya Sabha presides over the House, the Deputy Chairman is like any other ordinary member of the House.
  • Salary and allowance of Deputy Chairman of Rajya Sabha are fixed by Parliament and are charged on the Consolidated Fund of India

 

 

Panel of Vice-Chairpersons of Rajya Sabha

  • Under the Rules of Rajya Sabha, the Chairman nominates from amongst the members a panel of vice-chairpersons.
  • Any one of them can preside over the House in the absence of the Chairman or the Deputy Chairman.
  • Cannot preside over the House, when the office of the Chairman or the Deputy Chairman is vacant.
  • During such timePresident appoints someone from members

 

 

Secretariat of Parliament

  • Each House of Parliament has separate secretarial staff of its own, though there can be some posts common to both the Houses.
  • Their recruitment and service conditions are regulated by Parliament.
  • The secretariat of each House is headed by a secretary-general.
  • He is a permanent officer and is appointed by the presiding officer of the House.

 

 

Video Explanation

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