TABLE OF CONTENTS
- Introduction
- Constitutional Basis
- Election of Speaker
- Term of Office
- Removal of Speaker
- Powers & Functions of Speaker
- A. Administrative Powers
- B. Legislative Powers
- C. Financial Powers
- D. Judicial/Quasi-Judicial Powers
- E. Disciplinary Powers
- F. Executive Oversight
- G. Committee-Related Powers
- Role in Anti-Defection (Tenth Schedule)
- Speaker Pro Tem
- Deputy Speaker
- Comparison: Speaker vs Deputy Speaker
- Important Judicial Pronouncements
- Summary
1. Introduction
The Speaker of Lok Sabha is the presiding officer and the constitutional head of the House of the People.
- Symbol of authority and impartiality of the House.
- Ensures smooth functioning, discipline, and decorum.
- Plays a critical role in India’s parliamentary democracy.
The Deputy Speaker performs duties in absence of the Speaker.
2. Constitutional Basis
Key Articles related to Speaker & Deputy Speaker:
- Article 93 – Election of Speaker & Deputy Speaker
- Article 94 – Vacation, resignation, removal
- Article 95 – Powers of Deputy Speaker in Speaker’s absence
- Article 96 – Speaker’s role in removal of Deputy Speaker
- Article 97 – Salaries & allowances
- Article 100 – Voting rules
- Article 101–104 – Disqualifications
- Article 110 – Speaker decides Money Bills
- Tenth Schedule – Anti-Defection adjudication
3. Election of Speaker
Article 93
- Elected from among the members of Lok Sabha.
- Election is conducted by the President after the first sitting.
- Usually a senior MP of the ruling party is chosen.
- Elected by simple majority of members present and voting.
4. Term of Office
- Speaker holds office during the life of the Lok Sabha (normally 5 years).
- Continues even after Lok Sabha dissolves until new Speaker is elected.
- This ensures continuity of parliamentary functioning.
5. Removal of Speaker (Article 94)
The Speaker can be removed by:
- Resolution of Lok Sabha, passed by effective majority (more than 50% of total membership).
- 14 days’ notice is mandatory.
- The Speaker can speak and participate in the House during debate on the removal motion, but cannot preside.
6. Powers & Functions of the Speaker
A. Administrative Powers
- Presides over Lok Sabha sessions.
- Maintains order and decorum.
- Decides who speaks, time limits, and order of business.
- Interpret the Rules of Procedure and Conduct of Business.
- Names and suspends members for disorderly behavior.
- Ensures discipline in the House.
B. Legislative Powers
- Decides the admissibility of:
- Questions
- Motions
- Resolutions
- Adjournment motions
- Certifies Money Bills under Article 110.
- This is final and not subject to judicial review (as per Supreme Court, though exceptions exist).
- Authenticates Bills before sending them to the Rajya Sabha or President.
- Allows short duration discussions, calling attention motions, etc.
C. Financial Powers
- Money Bills can only be introduced in Lok Sabha with prior permission of Speaker.
- Controls the Demands for Grants discussions.
- Presides over the House when Budget is presented.
- Chairperson of the Rules Committee which affects legislative functioning.
D. Judicial / Quasi-Judicial Powers
- Powers under Tenth Schedule (Anti-defection law):
- Decides on disqualification of MPs on grounds of defection.
- The decision binds the House.
- Subject to judicial review (Kihoto Hollohan, 1992).
- Issues rulings on breach of privilege.
- Interprets the constitutionality of motions/proceedings.
E. Disciplinary Powers
- Can order removal or suspension of MPs.
- Can adjourn the House in case of grave disorder.
- Can expunge unparliamentary language from records.
F. Executive Oversight
- Ensures Question Hour, Zero Hour, and discussions function properly.
- Plays central role in holding the government accountable to Parliament.
G. Committee-Related Powers
The Speaker is ex-officio Chairperson of:
- Rules Committee
- Business Advisory Committee
- General Purposes Committee
Also appoints:
- Chairpersons of various parliamentary committees
- Members to committees
- Committee secretariats support functions.
7. Role in Anti-Defection Law (Tenth Schedule)
- Speaker acts as a quasi-judicial authority.
- Decides petitions related to:
- Defection
- Voluntary giving up of party membership
- Violation of whip
- Supreme Court’s Kihoto Hollohan (1992):
- Speaker’s decision subject to judicial review after final order.
- Role of Speaker is not beyond scrutiny.
8. Speaker Pro Tem
Temporary Speaker appointed before the election of the regular Speaker.
Appointment
- President appoints the senior-most MP of Lok Sabha.
Functions
- Administers oath to newly elected MPs
- Conducts election of the Speaker
- After which his/her office ceases.
9. Deputy Speaker of Lok Sabha
Constitutional Basis: Article 93
- Elected from among MPs of Lok Sabha.
- Traditionally from the Opposition (though not mandatory).
Term
- Same as Speaker.
Removal
- Same process as Speaker (effective majority).
- Speaker presides over the sitting for removal of Deputy Speaker.
Powers
- Performs duties of Speaker when:
- Speaker is absent
- Speaker’s office is vacant
- Enjoys same powers as Speaker when presiding.
Limitations
- Cannot decide on Money Bill certification.
- Not involved in committee appointments unless delegated.
10. Comparison: Speaker vs Deputy Speaker
| Feature | Speaker | Deputy Speaker |
|---|---|---|
| Election | By Lok Sabha | By Lok Sabha |
| Party | Usually ruling party | Often opposition |
| Powers | Full constitutional powers | Same when presiding |
| Money Bill | Certifies Money Bill | Cannot certify |
| Anti-defection | Final authority | No role unless acting as Speaker |
| Committees | Heads major committees | Only if delegated |
| Removal | Effective majority | Same |
11. Important Judicial Pronouncements
1. Kihoto Hollohan v. Zachillhu (1992)
- Speaker acts as tribunal under Tenth Schedule.
- Decision subject to judicial review.
2. Nabam Rebia (2016)
- Speaker cannot decide defection matters when removal motion is pending against him/her.
3. Raja Ram Pal (2007)
- Speaker has power to expel MPs for misconduct.
4. Yogendra Kumar Jaiswal (2016)
- Speaker’s decisions on Money Bill certification cannot be reviewed except in cases of constitutional violation.
12. Summary
The Speaker of Lok Sabha is one of the most powerful constitutional authorities in India, acting as the:
- Guardian of parliamentary democracy
- Final interpreter of rules
- Decider of Money Bills
- Adjudicator under anti-defection law
- Protector of House discipline
- Administrative head of Lok Sabha
The Deputy Speaker ensures continuity in all functions, maintaining stability and impartiality in the working of Parliament.