Q. Consider the following statements:

  1. On the dissolution of the House of the People, the Speaker shall not vacate his/her office until immediately before the first meeting of the House of the People after the dissolution.
  2. According to the provisions of the Constitution of India, a Member of the House of the People on being elected as Speaker shall resign from his/her political party immediately.
  3. The Speaker of the House of the People may be removed from his/her office by a resolution of the House of the People passed by a majority of all the then Members of the House, provided that no resolution shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Which of the statements given above are correct?

  • I and II only
  • II and III only
  • I and III only
  • I, II and III

Answer: (c) I and III only

Notes:
  • The Speaker of the House of the People (Lok Sabha) in India does not vacate their office until immediately before the first meeting of the House after a dissolution. This is a provision outlined in Article 94 of the Constitution.
  • Article 94:
    • A member holding office as Speaker or Deputy Speaker of the House of the People—
      • (a) shall vacate his office if he ceases to be a member of the House of the People;
      • (b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
      • (c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:
    • Provided that no resolution for the purpose of clause (c)shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:
    • Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.
  • There is no constitutional provision requiring the Speaker to resign from his/her political party upon election. While the Speaker is expected to conduct business impartially, resignation from the party is not mandated by the Constitution.
Role of the Speaker
  • About Speaker:
    • The Speaker is the constitutional and ceremonial head of the House.
    • Each House of Parliament has its own presiding officer.
    • There is a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and a Deputy Chairman for the Rajya Sabha.
    • The Speaker is assisted by the Secretary-General of the Lok Sabha and senior officers of the Secretariat on parliamentary activities, practice and procedure.
    • In the absence of the Speaker, the Deputy Speaker discharges the functions.
      • A member from the panel of Chairmen presides over the House in the absence of both the Speaker and the Deputy Speaker. However, member of the panel of chairpersons cannot preside over the house, when the office of the Speaker or the deputy speaker is vacant.
  • Election:
    • The House elects its presiding officer by a simple majority of members present, who vote in the House.
    • Usually, a member belonging to the ruling party is elected as speaker whereas deputy speaker is elected from opposition party .
      • There are also instances when members not belonging to the ruling party were elected to the office of the Speaker.
        • GMC Balayogi and Manohar Joshi belonging to the non-ruling party served as the Speaker in the 12th and 13th Lok Sabha. 
    • When the Lok Sabha is dissolved, the Speaker remains in his office till the first meeting of the new assembly when the new speaker is elected.
  • Removal:
    • The Constitution has given the Lower House authority to remove the Speaker if needed.
      • The House can remove the Speaker through a resolution with notice of 14 days, passed by an effective majority (more than 50% of the effective strength (total strength-vacancies) of the house present and voting) as per Articles 94 of the Indian Constitution.
    • The Speaker can also be removed on getting disqualified from being a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951.
    • A speaker can also give his resignation to a Deputy Speaker.
  • Sources of Power and Duties: 
    • The Speaker of the Lok Sabha derives his powers and duties from three sources:
      • Constitution of India, 
      • Rules of Procedure and Conduct of Business of Lok Sabha,
      • Parliamentary Conventions (residuary powers that are unwritten or unspecified in the rules)
  • Provisions to Ensure Independence and Impartiality of Speaker:
    • He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by a effective majority.
    • His salaries and allowances are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.
    • His work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion.
    • His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
    • He cannot vote in the first instance. He can only exercise a casting vote in the event of a tie. This makes the position of speaker impartial.
    • He is placed at sixth rank in the order of precedence along with the Chief Justice of India.