Q. Which of the following Constitutional provisions ensure the independence and impartiality of the Speaker of the Lok Sabha?
1. When a member of a House is elected as its speaker, he has the right to resign from the membership of his party without attracting Anti-Defection proceedings.
2. The motion for removal of Speaker can only be considered and discussed when it has the support of at least 50 members.
3. Salary and allowances of the Speaker for Lok Sabha are charged on the Consolidated Fund of India.
4. Powers of the Speaker in maintaining order in the House are not subject to the jurisdiction of any Court.
Select the correct answer using the code given below:
Exp) Option d is the correct answer.
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 the head of the Lok Sabha, and its representative. He is the guardian of powers and privileges of the members, the House as a whole and its committees. He is the principal spokesman of the House, and his decision in all Parliamentary matters is final.
Option d is correct. The following provisions ensure the independence and impartiality of the office of the Speaker.
- He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by a special majority (i.e., a majority of all the then members of the House) and not by an ordinary majority (i.e., a majority of the members present and voting in the House). This motion of removal can be considered and discussed only when it has the support of at least 50 members. Hence,
Statement 2 is correct.
- His salaries and allowances are fixed by Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament. Hence, statement 3 is correct.
- 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. Hence, statement 4 is correct.
- 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 given a very high position in the order of precedence. He is placed at seventh rank, along with the Chief Justice of India. This means he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister. In Britain, the Speaker is strictly a non-party man.
Under the Tenth Schedule of Indian Constitution, when a member of a House is elected as its speaker, he has the right to resign from the membership of his party without attracting Anti-Defection proceedings. Hence, statement 1 is correct.
