Election of Speaker

Election of Speaker

Context: Honorable Om Birla was elected as speaker of the 18th Lok Sabha. Election and Term of Office of the Speaker of Lok Sabha

  
• The Speaker of the Lok Sabha is elected according to Article 93 of the Indian Constitution, which requires the Speaker to be a member of the House. There are no additional qualifications prescribed for the Speaker.

Election Process

• The President sets the date for the Speaker\'s election. The Speaker is elected by a simple majority of members present and voting in the House, and is eligible for re-election. By convention, a member of the ruling party is typically elected as Speaker.

Term of Office

• The Speaker holds office from the date of their election until immediately before the first meeting of the next Lok Sabha. The Speaker does not  vacate their office upon the dissolution of Lok Sabha, but may leave office earlier in the following circumstances:
- If they cease to be a member of the Lok Sabha
- If they resign in writing to the Deputy Speaker
- If they are removed by a resolution passed by a majority of all members of the Lok Sabha
• A resolution to remove the Speaker can only be moved after giving 14 days\' advance notice. During such a resolution, the Speaker cannot preside over the sitting of the House, but may speak, participate in proceedings, and vote in the first instance.

Roles and Powers of the Speaker of Lok Sabha

Conducting the House

• The Speaker controls and supervises House proceedings, deciding the agenda and modalities for conducting government business in consultation with the Leader of the House.
• Grants permission for questions and discussions. Interprets and enforces the Rules of Procedure.

Questions and Records

• Decides on the admissibility of questions raised by members.
• Oversees the publication of House proceedings.
• Can remove unparliamentary remarks (potentially shielding the government from criticism).

Voting

• The Speaker can decide on voice votes or division votes (recording individual votes).
• The Speaker has a casting vote (Article 100) in case of a tie (does not vote initially).

Disqualification of Members

• Holds the power to disqualify MPs who defect from their party (Tenth Schedule of the IC).
• In 2020, the Supreme Court ruled that Assembly and Lok Sabha Speakers must decide disqualification pleas within three months, except in extraordinary circumstances.

Leader of the House

• In the Lok Sabha, the ‘Leader of the House’ is the Prime Minister or a minister nominated by the PM.
• In the Rajya Sabha, the ‘Leader of the House’ is a minister and member of it nominated by the PM.
• The office of the Leader of the House is not mentioned in the Constitution but is defined in the Rules of Procedure for the Lok Sabha and Rajya Sabha.

Rule of Procedure

• Article 118: Each House of Parliament may make rules for regulating, subject to the provisions of the Constitution, its procedure and the conduct of its business.

Pro teem Speaker

• The pro tem Speaker is a temporary Speaker appointed by the President to preside over the first meeting of a newly constituted Lok Sabha after general elections.
• Has all the powers of the Speaker under the Rules of Procedure and Conduct of Business in LS.
• Pro tem Speaker administers the oath to the newly elected members of the Lok Sabha.
• The office of the pro tem Speaker terminates when the new Speaker is elected