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With the commencement of the 18th Lok Sabha, the office of the pro tem speaker, speaker and the deputy speaker of Lok Sabha has gained prominence. The appointment of seven-time MP Bhartruhari Mahtab as the ‘Speaker pro tem’ of the 18th Lok Sabha by the president, has already led to tensions between the ruling coalition and opposition. With the election of the speaker slated on June 26, and the reports about office of deputy speaker being offered to one of the NDA allies, it becomes pertinent to look at the powers and functions of these offices.
What are the process of selection and the roles and responsibilities of the Speaker Pro tem, Speaker and Deputy Speaker of Lok Sabha?
Speaker Pro Tem
| Constitutional Provision | Article 95(1) of the Constitution provides for the office of Speaker Pro tem, who has to be appointed by the President. The term ‘pro tem’ means ‘for the time being’ or ‘temporary’. |
| Mentions in the Constitution | 1. The term ‘Speaker Pro tem‘ is not found in the Constitution or rules of Lok Sabha. It is a conventional term which finds mention in the ‘Handbook on the working of Ministry of Parliamentary affairs. 2. As per tradition, one of the senior-most members of the Lok Sabha is selected by the government, who is then administered oath by the President. |
| Functions | 1. The Speaker Pro tem administers oath of office to other MPs. 2. The Speaker Pro tem presides over the election of full-time Speaker. |
Speaker of Lok Sabha
| Constitutional Provision | Article 93 of the Constitution provides that the Lok Sabha shall choose two members to be its Speaker and Deputy Speaker. The election of the Speaker is held on a date fixed by the President. All the Speakers in independent India have been elected unopposed. |
| Functions | Two important constitutional functions 1. Certifying a Bill to be a Money Bill. Rajya Sabha has limited role over money bills. 2. Deciding on disqualification under the Tenth Schedule for defection. Other Functions 1. Presiding Over House Proceedings– The Speaker oversees the sessions of the Lok Sabha, ensuring discipline and decorum among members. The Speaker decides the agenda for parliamentary meetings and interprets procedural rules. 2. Final Interpreter within the House- The Speaker is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House. 3. 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 Speaker. 4. Power of Referrals of the Bill- The Lok Sabha rules provide the Speaker with the powers of referral of Bills introduced to Standing Committees. 5. Permits the adoption of Motion- Except for the no-confidence motion, all other motions which come before the House come only after the Speaker permits them. 6. Guardian of Privileges of the House- The Speaker is the guardian of the rights and privileges of the House, its Committees and members. 7. Suspension of members- The speaker can suspend members for grave disorder up to a maximum of five days. 8. Administrative Authority- The Speaker is the head of the Lok Sabha Secretariat, and manages administrative affairs and security arrangements within the Parliament Estate. 9. Inter-Parliamentary Relations- The Speaker serves as the ex-officio President of the Indian Parliamentary Group, facilitating inter-parliamentary relations. |
Deputy Speaker
| Constitutional Provisions | Article 93 of the Constitution provides for the office of Deputy Speaker. The election of Deputy Speaker is held on a date fixed by the Speaker. |
| Constitutional Conventions | The convention of offering the post of Deputy Speaker to the Opposition started in the year 1991. Till the 16th Lok Sabha, this convention has been followed without a break. However, no Deputy Speaker was elected in the 17th Lok Sabha. |
| Functions | The Deputy Speaker is an important constitutional officer who steps in during the vacancy or absence of the Speaker. He/She also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent from such a sitting. Whenever the Deputy Speaker is appointed as a member of a parliamentary committee, he/she automatically becomes its chairman. |
What are the challenges with the functioning of the Office of Speaker of Lok Sabha?
1. Issue of Partisanship in Deciding Disqualification Under the Tenth Schedule- The Office of the Speaker has been used to decide in the disqualifications in such a way so that it favours the ruling party and dispensation.
For ex- Sixteen MLAs in the Arunachal Pradesh Assembly were disqualified by the Speaker, Nabam Rebia, in 2016 despite not officially leaving the party or defying its directives.
Also the period to decide disqualification under anti-defection law, has been prolonged to favor the ruling dispensation. For ex- In 2017, the Manipur legislative assembly anti-defection case, the court gave a reasonable period of four weeks but the defection complaint was pending for years.
2. Misuse of the Certification Power- The Office of the Speaker has the certification power in case of money bill. However, there have been allegations regarding the misuse of discretionary powers of speakers with political affiliations in deciding money bill. For ex- Certification of Aadhar as Money Bill was opposed by many legal luminaries.
3. By passing of Committees and Scrutiny- The referral of Bills to committees by the speaker have declined from 71% during 2009-14 to 16% during 2019-24. The by passing of parliamentary committees goes against the parliamentary principles of building consensus on important matters.
4. Suspension of MPs- The opposition parties have alleged that speaker often played a partisan role in deciding on the suspension cases against the MPs. For ex- Large-scale suspensions of Opposition MPs during the winter session of 2023.
5. Lack of due deliberation and discussion- The restriction of debates or discussions on bills of national interest by the speaker, have often led to poorly crafted legislation which lacked sufficient deliberation. For ex- Passage of the 3 farm laws in 2020 without debate and discussion, led to nationwide protests and subsequent repeal.
6. Increased Disruptions and Stalling of Proceedings- A Speaker perceived as biased can lead to frustration and disruptions from the opposition. This ultimately hinders the functioning of Parliament.
What are the observations of the SC and various committees on ensuring robust functioning of the Office of Speaker?
| Issue of partisanship in the Decision on Disqualification | 1. Kihoto Hollohan versus Zachilhu case, 1993- The Supreme Court held that the decision of the speaker in cases of disqualification is not final and can be questioned in any court. The decision is subject to judicial review on the grounds of malafide, perversity. 2. Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur Legislative Assembly & Ors. case (2020)- The Supreme Court recommended that Parliament should consider amending the Constitution to substitute the Speaker as the arbiter of disqualification disputes with an independent tribunal headed by a retired Supreme Court or High Court judge. The Court also held that disqualification petitions should be decided by Speakers within three months, except in exceptional circumstances. 3. Nabam Rebia vs Deputy Speaker Case, 2016- SC held that a speaker will be disabled from deciding disqualification petitions under the anti-defection law (10th schedule of the constitution) if a notice for their removal is pending. |
| 1. The 255th Report of the Law Commission of India (2015)- It reiterated the need for an independent mechanism to decide on disqualification, instead of the Speaker. 2. The 2010 report of the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice- The report also suggested that the role of the Speaker in deciding disqualification petitions should be replaced by an independent mechanism. | |
| Political Neutrality on Part of Speaker in certification of Bills, debates and deliberations | Learning from the Global Best Practices 1. United Kingdom- In the UK, the Speaker of the House of Commons is expected to be strictly non-partisan and resign from their political party upon election. The Speaker is also not allowed to vote except in the case of a tie. 2. Germany- In Germany, the President of the Bundestag (lower house) is expected to be politically neutral and resign from their party. They also do not have a casting vote in the case of a tie. |
| V.S. Page Committee- The committee suggested that if the Speaker had conducted himself or herself in an impartial and efficient manner during the tenure of his or her office, he or she should be allowed to continue in the next Parliament. |
What Should be the Way Forward?
1. Amendment of the Constitution- India should consider amending the Constitution to explicitly require the Lok Sabha Speaker to resign from their political party upon election, similar to the global practices observed in the cases like UK, Germany, Canada and Australia.
2. Code of Conduct for Speaker- Steps must be taken to develop a comprehensive code of conduct for the Speaker that lays down principles of impartiality, transparency and accountability. This code should be enforced by an independent body.
3. Greater scrutinisation of Bills- The Speaker must refer important Bills to Standing committees for scrutiny. Also, the suspensions that affect the robust functioning of Parliament, should be carried out with restraint.
4. Greater Security of Tenure- The Speaker must be provided with greater security of tenure. For ex- Amending the constitutional provision for their removal by only a high threshold (requirement of 2/3rd majority). This will insulate them from political pressures.
5. Training and Development Programmes- The Speaker must be provided with regular training and development opportunities to enhance their knowledge, skills and ability to remain impartial, including on parliamentary procedures, leadership, conflict resolution.
6. Strengthening of Parliamentary Committees- The parliamentary committees should be empowered to scrutinize the Speaker’s decisions and actions, and recommend corrective measures if needed. This will improve accountability of the Office of the Speaker.
Conclusion
Pranab Mukherjee, famously remarked about the Office of Speaker- “The Speaker’s role is not just about running the House; it’s about being a bridge between the government and the opposition, and ensuring that the democratic process is upheld.” The example of N. Sanjiva Reddy resigning from his party upon becoming Speaker in 1967 sets a positive precedent of non-partisanship. We must continue to build a healthy parliamentary democracy by politically neutralising the office of the Speaker.
| Read More- The Hindu UPSC Syllabus- GS 2- Issues related to legislature |
