Q. Consider the following statements:

In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50 percent of the votes polled, to be declared elected.
According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker’s post goes to the majority party and the Deputy Speaker’s to the Opposition.

Which of the statements given above is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:

India has first past the post system of election for Lok Sabha or State Assembly, wherein a candidate who wins the election may not (need to) get majority (50%+1) votes.
- Also, the constitution of India has adopted the system of territorial representation for the election of members to the Lok Sabha or State Assembly.
- Under this system, MP or MLA represents a geographical area known as a constituency.
- From each constituency, only one representative is elected.
- Hence such a constituency is known as a single-member constituency.
- In this system, a candidate who secures the majority of votes is declared elected.
Till 10th Lok Sabha, both the Deputy Speaker and the Speaker were usually from the ruling party.
- From the 11th Lok Sabha, there has been a consensus that the post of Deputy Speaker goes to the main opposition party and the Speaker comes from the ruling party (or ruling alliance).
- Meaning it’s an ‘informal consensus‘ among political parties and not Constitutional provision.

Deputy Speaker:

History:
- The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms).
- In 1921, Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of India as the first Speaker and the first Deputy Speaker (respectively) of the Central Legislative Assembly.
- At that time, the Speaker and the Deputy Speaker were called the President and Deputy President, respectively, and the same nomenclature continued till 1947.
- Mavalankarand Ananthasayanam Ayyangar had the distinction of being the first Speaker and the first Deputy Speaker (respectively) of the Lok Sabha.
Constitutional Provision w.r.t. Office of Deputy Speaker:
- Article 93 of the Constitution says that the House of the People (Lok Sabha) shall choose two members of the House to be, respectively, Speaker and Deputy Speaker.
- The article also says that when the office of Speaker/Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker.
Election of Deputy Speaker:
- Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
- He is elected after the election of the Speaker has taken place.
- The date of election of the Deputy Speaker is fixed by the Speaker.
Term of Office:
- Like the Speaker, the Deputy Speaker remains in the office usually during the life of the Lok Sabha. However, he may vacate his office earlier in any of the following three cases –
  - if he ceases to be a member of the Lok Sabha;
  - if he resigns by writing to the Speaker; and
  - if he is removed by a resolution passed by a majority of all the then members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice.
Role/Power of Deputy Speaker:
- The Deputy Speaker performs the duties of the Speaker’s office when it is vacant.
- He also acts as the Speaker when the latter is absent from the sitting of the House. In both cases, he assumes all the powers of the Speaker.
- Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the House.
- He also presides over the joint sitting of both Houses of Parliament in case the Speaker is absent from such a sitting.
- The Deputy Speaker has one special privilege, that is, whenever 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 is like any other ordinary member of the House. He can speak in the House, participate in its proceedings, and vote on any question before the House.

The Office of the Speaker: Lok Sabha

The Lok Sabha, which is the highest legislative body in the country, chooses its Speaker who presides over the day to day functioning of the House.
Electing the Speaker of the Lok Sabha is one of the first acts of every newly constituted House.
Election of Office of the Speaker:
- Criteria: The Constitution of India requires the Speaker should be a member of the House.
  - Although there are no specific qualifications prescribed for being elected the Speaker, an understanding of the Constitution and the laws of the country is considered a major asset for the holder of the Office of the Speaker.
  - Usually, a member belonging to the ruling party is elected Speaker. The process has evolved over the years where the ruling party nominates its candidate after informal consultations with leaders of other parties and groups in the House.
  - This convention ensures that once elected, the Speaker enjoys the respect of all sections of the House.
- Voting: The Speaker (along with the Deputy Speaker) is elected from among the Lok Sabha members by a simple majority of members present and voting in the House.
  - Once a decision on the candidate is taken, his/her name is normally proposed by the Prime Minister or the Minister of Parliamentary Affairs.
- Term of Office of the Speaker: The Speaker holds Office from the date of his/her election till immediately before the first meeting of the next Lok Sabha (for 5 years).
  - The speaker once elected is eligible for re-election.
  - Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.
Role and Powers of Speaker:
- Interpretation: He/She is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha and the parliamentary precedents, within the House.
  - In matters regarding interpretation of these provisions, he/she often gives rulings which are respected by members and are binding in nature.
- Joint Sitting of Both Houses: He/She presides over a joint sitting of the two Houses of Parliament.
  - Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.
- Adjournment of Sitting: He/She can adjourn the House or suspend the meeting in absence one-tenth of the total strength of the House (called the quorum).
- Casting Vote: The speaker does not vote in the first instance but in the case of a tie; when the House is divided equally on any question, the Speaker is entitled to vote.
  - Such a vote is called a Casting Vote, and its purpose is to resolve a deadlock.
- Money Bill: He/She decides whether a bill is a money bill or not and his/her decision on this question is final.
- Disqualifying 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.
  - The 52^nd amendment to the Indian Constitution vests this power in the Speaker.
  - In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review.
- Chairing the IPG: He/She acts as the ex-officio chairman of the Indian Parliamentary Group (IPG) which is a link between the Parliament of India and the various parliaments of the world.
  - He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.
- Constitution of Committees: The Committees of the House are constituted by the speaker and function under the speaker’s overall direction.
  - The Chairmen of all Parliamentary Committees are nominated by him/her.
  - Committees like the Business Advisory Committee, the General Purposes Committee and the Rules Committee work directly under his Chairmanship.
- 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.
Removal of Speaker:
- Exceptions: Usually, the Speaker remains in office during the life of the Lok Sabha. However, under following conditions, the speaker, may have to vacate the office earlier:
  - If he ceases to be a member of the Lok Sabha.
  - If he resigns by writing to the Deputy Speaker
  - If he is removed by a resolution passed by a majority of all the members of the Lok Sabha.
- Notification: Such a resolution can be moved only after giving 14 days’ advance notice.
  - When a resolution for the removal of the Speaker is under consideration of the House, he/she may be present at the sitting but not preside.