Presiding Officers of Parliament

Presiding Officers are responsible for conducting the proceedings of Parliament in an orderly, disciplined and constitutional manner.

They maintain decorum, interpret rules, regulate debates and protect the dignity of the House.

In India, both Houses of Parliament have their own presiding officers.

Rajya Sabha has:

  • Chairman
  • Deputy Chairman
  • Panel of Vice-Chairpersons

Lok Sabha has:

  • Speaker
  • Deputy Speaker
  • Panel of Chairpersons

The Speaker is the head of the Lok Sabha.

He is the guardian of the powers and privileges of the House, its members and its committees.

Election Of The Speaker

The Speaker is elected by the Lok Sabha from among its own members.

When the office becomes vacant, the Lok Sabha elects another member as Speaker.

The date of election is fixed by the President.

Tenure Of The Speaker

The Speaker normally holds office during the life of the Lok Sabha.

However, he vacates office if:

  • He ceases to be a member of Lok Sabha.
  • He resigns by writing to the Deputy Speaker.
  • He is removed by a resolution passed by a majority of all members of Lok Sabha.

A 14 days’ notice is required before moving a removal resolution.

After dissolution of Lok Sabha, the Speaker continues in office until the new Lok Sabha meets.

Speaker During Removal Resolution

When a resolution for removal of the Speaker is under consideration:

  • He cannot preside over the House.
  • He can speak and participate in proceedings.
  • He can vote in the first instance.
  • He cannot exercise casting vote in case of equality of votes.

Role, Powers And Functions Of Speaker

The Speaker plays a central role in Lok Sabha.

Main Functions

  • Maintains order and decorum in the House.
  • Regulates proceedings of the House.
  • Acts as the principal spokesperson of the House.
  • Gives final decisions on parliamentary matters within the House.
  • Interprets the Constitution, Rules of Procedure and parliamentary precedents within the House.
  • Can adjourn the House or suspend a meeting in the absence of quorum.
  • Presides over joint sitting of Parliament.
  • Allows secret sitting at the request of the Leader of the House.
  • Decides whether a Bill is a Money Bill or not.
  • Decides disqualification of members under the Tenth Schedule.
  • Appoints chairpersons of Lok Sabha committees.

Sources Of Speaker’s Powers

The Speaker derives powers from:

  • Constitution of India.
  • Rules of Procedure and Conduct of Business of Lok Sabha.
  • Parliamentary conventions.

Quorum means the minimum number of members required to conduct a sitting of the House.

In Lok Sabha, quorum is one-tenth of the total strength of the House.

If quorum is not present, the Speaker can adjourn the House or suspend the meeting.

Voting Power Of Speaker

The Speaker normally does not vote in the first instance.

He votes only in case of a tie.

This is called casting vote.

However, when his own removal resolution is under consideration, he can vote in the first instance but cannot use casting vote.

Speaker And Money Bill

The Speaker decides whether a Bill is a Money Bill or not.

His decision in this regard is final.

This power is very important because Money Bills have a special legislative procedure and Rajya Sabha has limited power over them.

Speaker And Anti-Defection Law

The Speaker decides cases of disqualification of Lok Sabha members under the Tenth Schedule, also known as the Anti-Defection Law.

This decision is subject to judicial review.

Speaker As Ex-Officio Chairman

The Speaker acts as ex-officio chairman of:

  • Indian Parliamentary Group of the Inter-Parliamentary Union.
  • Conference of Presiding Officers of Legislative Bodies in India.

He also chairs important Lok Sabha committees such as:

  • Business Advisory Committee.
  • Rules Committee.
  • General Purpose Committee.

Independence And Impartiality Of Speaker

The Constitution and parliamentary rules provide several safeguards for the Speaker’s independence.

Safeguards

  • Security of tenure.
  • Removal only by absolute majority of Lok Sabha.
  • Removal motion requires prior notice.
  • Salary and allowances are determined by Parliament.
  • Conduct cannot be criticised except on a substantive motion.
  • Procedural decisions are not subject to court jurisdiction.
  • Speaker votes only in case of tie in normal circumstances.
  • Speaker has a high order of precedence in India.

The Deputy Speaker is also elected by Lok Sabha from among its members.

The Deputy Speaker performs the duties of the Speaker when the Speaker’s office is vacant.

He also presides over the House when the Speaker is absent.

Independence Of Deputy Speaker

The Deputy Speaker is not subordinate to the Speaker.

He is directly responsible to Lok Sabha.

When he presides over the House, he has the same powers as the Speaker.

Removal Of Deputy Speaker

The Deputy Speaker may be removed by a resolution passed by a majority of all members of Lok Sabha.

A 14 days’ notice is required.

The Speaker nominates a panel of chairpersons from among Lok Sabha members.

Any member of the panel may preside over the House when both Speaker and Deputy Speaker are absent.

However, a panel member cannot preside when the offices of both Speaker and Deputy Speaker are vacant.

The Vice-President of India is the ex-officio Chairman of Rajya Sabha.

This means he becomes Chairman of Rajya Sabha by virtue of holding the office of Vice-President.

The Chairman presides over Rajya Sabha and maintains order in the House.

He regulates debates and proceedings.

However, unlike the Speaker of Lok Sabha, he does not decide whether a Bill is a Money Bill.

The Deputy Chairman is elected by Rajya Sabha from among its members.

He performs the duties of Chairman when the Chairman is absent or when the office is vacant.

The Chairman nominates a panel of Vice-Chairpersons from among members of Rajya Sabha.

A member from this panel may preside over the House when both Chairman and Deputy Chairman are absent.

BasisSpeaker Of Lok SabhaChairman Of Rajya Sabha
OfficeElected by Lok SabhaVice-President acts ex-officio
HouseLok SabhaRajya Sabha
Money Bill decisionDecides finallyNo such power
VotingCasting vote in case of tieCasting vote in case of tie
Anti-defection decisionDecides for Lok Sabha membersDecides for Rajya Sabha members
Presides over joint sittingYesNo
TopicFact
Lok Sabha Presiding OfficerSpeaker
Rajya Sabha Presiding OfficerChairman
Rajya Sabha ChairmanVice-President of India
Speaker elected byLok Sabha members
Speaker resigns toDeputy Speaker
Removal notice14 days
QuorumOne-tenth of total strength
Speaker’s normal voteCasting vote only
Money Bill decisionSpeaker
Joint sitting presided bySpeaker
Anti-defection decisionPresiding Officer
Speaker continues after dissolutionUntil new Lok Sabha meets

Who is the Presiding Officer of Lok Sabha?

The Speaker is the Presiding Officer of Lok Sabha.

Who elects the Speaker of Lok Sabha?

The Speaker is elected by Lok Sabha from among its own members.

Who fixes the date for election of the Speaker?

The President fixes the date for election of the Speaker.

To whom does the Speaker resign?

The Speaker resigns by writing to the Deputy Speaker.

Can the Speaker be removed?

Yes. The Speaker can be removed by a resolution passed by a majority of all members of Lok Sabha.

How many days’ notice is required for removal of the Speaker?

A 14 days’ notice is required.

Does the Speaker continue after dissolution of Lok Sabha?

Yes. The Speaker continues until the newly elected Lok Sabha meets.

Who decides whether a Bill is a Money Bill?

The Speaker of Lok Sabha decides whether a Bill is a Money Bill.

Who presides over a joint sitting of Parliament?

The Speaker of Lok Sabha presides over a joint sitting of Parliament.

Who is the Chairman of Rajya Sabha?

The Vice-President of India is the ex-officio Chairman of Rajya Sabha.

Does the Rajya Sabha Chairman decide Money Bill?

No. The power to decide whether a Bill is a Money Bill belongs to the Speaker of Lok Sabha.

What is quorum in Lok Sabha?

Quorum is one-tenth of the total strength of the House.

What is casting vote?

Casting vote is the vote used by the presiding officer to break a tie.

Is the Deputy Speaker subordinate to the Speaker?

No. The Deputy Speaker is directly responsible to Lok Sabha and is not subordinate to the Speaker.

Last Moment Exam Cheat Sheet – Presiding Officers Of Parliament

  • Rajya Sabha officers – Chairman, Deputy Chairman, Panel of Vice-Chairpersons.
  • Lok Sabha officers – Speaker, Deputy Speaker, Panel of Chairpersons.
  • Speaker elected by – Lok Sabha from among its members.
  • Speaker election date fixed by – President.
  • Speaker resigns to – Deputy Speaker.
  • Speaker removed by – Majority of all members of Lok Sabha.
  • Removal notice – 14 days.
  • After Lok Sabha dissolution – Speaker continues until new Lok Sabha meets.
  • Speaker’s powers from – Constitution, Lok Sabha Rules, parliamentary conventions.
  • Quorum – One-tenth of total strength.
  • Casting vote – Speaker votes only in case of tie.
  • Money Bill – Speaker’s decision is final.
  • Tenth Schedule – Speaker decides defection cases of Lok Sabha members.
  • Joint sitting – Presided over by Speaker.
  • Rajya Sabha Chairman – Vice-President of India.
  • Deputy Chairman – Elected by Rajya Sabha from among its members.
  • Chairman of Rajya Sabha – Does not decide Money Bill.
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