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Polity & Governance
Mahesh

15/06/24 13:28 PM IST

Powers of Lok Sabha Speaker

In News
  • With the first session of the 18th Lok Sabha likely to commence, the Telugu Desam Party (TDP) led by Chandrababu Naidu and the Janata Dal (United) led by Nitish Kumar — the two key allies of the BJP in the National Democratic Alliance (NDA) — are said to be vying for the post of Speaker. 
Powers as per Constitution
  • The post of Speaker, the constitutional and ceremonial head of the Lok Sabha, usually goes to the ruling alliance while a member of the Opposition party conventionally holds the Deputy Speaker’s post.
  • Article 93 of the Constitution stipulates that the Speaker and the Deputy Speaker must be elected “as soon as may be” after the commencement of the House.
  • However, the Constitution does not specify a time limit or process for conducting elections for the post of Speaker.
  • The Speaker is elected by a simple majority vote and his or her term concludes with the dissolution of the House unless they resign or are removed from office earlier.
  • A Speaker can be removed through disqualification proceedings or a no-confidence motion in the House.
  • However, as per Article 94 of the Constitution, such a resolution can only be moved after a 14-day notice. Following their removal, a Speaker is allowed to attend the proceedings but is not permitted to preside over them. 
  • While there are no specific qualifications required for becoming the Speaker, the duties discharged by the authority are unique compared to other members of the House.
  • The book ‘Practice and Procedure of Parliament’ published by the Lok Sabha Secretariat, describes the Speaker as “the principal spokesperson of the House”, representing its collective voice and serving as its sole representative to the outside world. 
  • The Speaker has the final authority to decide the conduct of business in the House and prior permission is required for members to ask a question, or to discuss even any matter.
  • As a result, he or she retains the power to expunge, in full or in part, remarks that might be considered unparliamentary or even critical of the ruling dispensation.
Other powers
  • It is also the Speaker’s decision that determines whether a Bill should be certified as a Money Bill — over which the Rajya Sabha exercises limited powers.
  • In the recent past, the BJP government has been accused of introducing crucial laws such as the Aadhaar Bill, amendments to the Prevention of Money Laundering Act, 2002 (PMLA), and the Foreign Contributions Regulations Act, 2010, as Money Bills, purportedly to circumvent the Rajya Sabha where it does not enjoy a majority.
  • Another crucial instance when a Speaker’s impartiality impacts the Opposition is when a motion of no-confidence is moved against the government.
  • In 2018, when the YSRCP and TDP gave notices for a motion of no-confidence against the BJP government, then Speaker Sumitra Mahajan adjourned the House several times before admitting the motion and putting it to vote. 
  • For the Opposition, the Speaker’s authority under the Tenth Schedule of the Constitution is arguably more crucial than any other function.
  • The anti-defection law was introduced in 1985 to curb instances of House members switching from one party to another, often after an inducement.
  • However, when two-thirds of elected members of a party agree to “merge” with another party, they become exempt from disqualification.
  • In the landmark case Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the powers vested in the Speaker to decide such disqualification petitions and further ruled that judicial review is permissible only after the Speaker renders a final order.
Source- The Hindu

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