Speaker of Lok Sabha, Chairman of Rajya Sabha

The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha, the lower house of the Parliament of India. The speaker is elected in the very first meeting of the Lok Sabha following general elections. Serving for a term of five years, the Speaker chosen from amongst the members of the Lok Sabha, and is by convention a member of the ruling party or alliance.

Speaker & Deputy Speaker of Lok Sabha

  • Elected by members of LS among themselves & do remain in office as long as they are members of the house
  • Speaker continues in his office even after LS is dissolved, till newly elected LS is constituted.
  • In normal situations, Speaker does not vote in 1st instance, but exercises his casting vote in case of tie i.e. in case of equality of votes to maintain impartiality of his office
  • He is representative & spokesperson of the house in its collective capacity & chief custodian of its powers & privileges

 

Removal of Speaker 

  • Speaker & deputy speaker may resign by writing to each other
  • Can be removed by a resolution passed by effective majority after giving a 14 days prior notice
  • When such a notice is in consideration against the speaker, He can not preside over the proceedings of the house. He can, however, participate in proceedings of the house & can even vote in 1st instance, though not when there is an equality of votes

Impartiality & Independence of office of speaker

  • His salary & allowances are fixed by parliament by law & charged from consolidated fund of India & are not subjected to annual vote of parliament
  • His work & conduct can not be discussed & criticized in LS except while substantive motion
  • Can not be removed from the office except a resolution passed by effective majority

 

Powers of Speaker

  • Possesses certain powers that do not belong to chairman of RS
  • Presides over joint sitting of 2 houses of the parliament
  • When a money bill is transferred from LS to RS, power to certify it as money bill is given to speaker & his decision whether a bill is money bill or not is final
  • His permission is compulsory on question of bringing adjournment motion
  • Passed only in Lok Sabha
  • Adjournment of business of the house for purpose of discussing a definite matter of urgent public importance)
  • Appointment of primary committees & himself as ex – officio chairman of certain committees of the parliament
  • Speakers conduct in regulating the procedure of maintaining order in house is not subjected to jurisdiction of court
  • Under anti deflection act, authority of speaker if final, though open to judicial review

 

Chairman / Deputy chairman of Rajya Sabha

  • VP / Chairman of RS presides over the proceedings of RS as long as he does not act as President of India
  • In absence of chairman, Deputy Chairman presides over the proceedings of RS
  • Deputy Chairman is elected by members of RS among themselves
  • Deputy Chairman’s salary is equivalent to speaker of Lok sabha
  • Presiding officer of each house has the final power to interpret the rules of procedure of the house
  • Both chairman & deputy chairman cannot preside over a sitting of the house, when resolution of their removal is under consideration.
  • However they can be present, can speak for themselves & take part in proceedings of the house but without right to vote

Removal of Deputy Chairman

  • If he resigns, or
  • Ceases to be member of RS, or
  • Can be removed by passing a resolution by majority, but such a resolution can only be moved after giving 14 days advance notice to him
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