Why Loksabha Speaker & Deputy Speaker are in News?

Why Loksabha Speaker & Deputy Speaker are in News?

With the beginning of the 18th Lok Sabha, disputes started between the government and the opposition regarding the post of Lok Sabha Speaker and Deputy Speaker. While the opposition is demanding the post of Deputy Speaker, citing the traditions that have been going on since the 1990s, the government has talked about the tradition of electing the Speaker unanimously. However, no party could reach on consensus and hence, for the first time in the country after the year 1976, elections were held for the post of Lok Sabha Speaker. At the same time, there is no consensus yet on the post of Deputy Speaker, which was completely vacant in the 17th Lok Sabha.

Origin of the Post of Loksabha Speaker 

• The institutions of Speaker and Deputy Speaker was originated in India in 1921 under the provisions of the Government of India Act of 1919(Montague-Chelmsford Reforms). In that time they were known as President & Deputy President.
• In 1921, Frederick Whyte was appointed by the Governor-General of India as the first Speaker of the Central Legislative Assembly.
• The Government of India Act of 1935 changed the nomenclatures of the offices of the President and the Deputy President of the Central Legislative Assembly to the Speaker and the Deputy Speaker respectively.
• After Independence Ganesh Vasudev Mavalankar became the first Speaker of the Lok Sabha.
• The 1st election for the post of Speaker was happened in just after the general election in the year 1952. It was between G V Mavalankar vs Shankar Shantaram More. Mavalankar was elected as Speaker with 394 votes, while 55 MPs opposed his candidature.
• The House was divided for the second time in 1967 when Indira Gandhi was the Prime Minister. This election was between Neelam Sanjiva Reddy versus Tenneti Viswanatham in which Neelam Sanjiva Reddy was elected as the Speaker with 278 votes in his favour, while 207 members voted against him. This voting was happened on paper slips. Printed slips with yes and No were given to the MPs, who then deposited the slips of their choice in secret ballot.
• The duration of the fifth Session of Parliament was extended by a year following the proclamation of Emergency in June 1975. Subsequently, in 1976, again a tug of war arises between government and opposition regarding the post of Speaker. It was between B R Bhagat vs Jagannathrao Joshi in which Bhagat was subsequently elected Speaker with 344 votes in his favour and 58 voting against him.
• GMC Balayogi and Manohar Joshi belonging to the non-ruling party served as the Speaker in the 12th and 13th Lok Sabha.

Origin of the Post of Loksabha Deputy Speaker

• In 1921, Sachidanand Sinha were appointed by the Governor-General of India as the first Deputy Speaker of the Central Legislative Assembly.
• After Independence M. Ananthasayanam Ayyangar became the first Deputy Speaker of the Lok Sabha.
• The first four Deputy Speakers, from 1952 to 1969, were from the ruling party.
• In the last several instances, it was observed that the government supported a candidate from the opposition for the Deputy Speaker's post. However, the tradition to offer Deputy Speaker's post is not followed as universal rule.
• The absence of a Deputy Lok Sabha speaker during the 17th Lok Sabha has been a point of concern.

What are the Constitutional Provisions regarding Loksabha Speaker & Deputy Speaker in Lok Sabha?

• Article 93: It states that the House of the People (Lok Sabha) shall choose two members of the House to be, respectively, Speaker and Deputy Speaker. The article also says that when the office of Speaker/Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker.
• Article 94 : It mandates that the Speaker must be a member of the House. Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its members. It also states that Speaker and Deputy Speaker of the Lok Sabha can be removed from their office by a resolution passed by a majority of all current members of the House of the People. However, a resolution to remove the Speaker or Deputy Speaker can only be proposed if at least 14 days' notice has been given about the intention to move the resolution.

Article 94 of the Constitution also states that the Speaker of the Lok Sabha shall not vacate his/her office until immediately before the first meeting of the Lok Sabha after its dissolution.

• Article 95(1) :  According to this, if the position of the Speaker is vacant, the duties of the office of Speaker shall be performed by the Deputy Speaker. It also states that when the post of Speaker and Deputy Speaker is vacant, the President shall appoint a member of the Lok Sabha to perform the duties of the Speaker.

Election of Loksabha Speaker & Deputy Speaker

• The House elects its Speaker and Deputy Speaker by a simple majority of members present and voting.
• The election of the Speaker is held on a date fixed by the President.
• Whereas The election of Deputy Speaker is held on a date fixed by the Speaker.

Terms of Office for the post of Loksabha Speaker & Deputy Speaker

• The House can remove the Speaker through a resolution with notice of 14 days, passed by an effective majority (more than 50% of the effective strength (total strength-vacancies) of the house present and voting) as per Articles 94 of the Indian Constitution.
• The Speaker can also be removed on getting disqualified from being a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951.
• A speaker can also give his resignation to a Deputy Speaker.

Like the Speaker, the Deputy Speaker remains in the office usually during the life of the Lok Sabha. However, he may vacate his office earlier in any of the following three cases –

• if he ceases to be a member of the Lok Sabha;
• if he resigns by writing to the Speaker; and
• if he is removed by a resolution passed by a majority of all the then members of the Lok Sabha.

Roles and Responsibilities of LokSabha Speaker-

• He is responsible for conducting daily business in lower house of Parliament
• The Speaker oversees the sessions of the Lower House, ensuring discipline and decorum among members.
• The Speaker decides the agenda for parliamentary meetings and interprets procedural rules.
•  He/she permits motions such as adjournments, no-confidence and censure motions , ensuring orderly conduct.
• 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.
• The speaker has the power to punish MP’s on the basis of their unruly behavior
• 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.
• Committees like the Business Advisory Committee, the General Purposes Committee and the Rules Committee, work directly under his Chairmanship.
• It is the role of Speaker to certify a bill to be a Money Bill (over which the Rajya Sabha has limited role)
• Speaker has anonymous power on deciding on disqualification under the Tenth Schedule for defection.
• He cannot vote in the first instance. But He can exercise a casting vote in the event of a tie.
• He also presides over the joint sitting of both the Houses of Parliament

Role of Deputy Speaker in LokSabha 

• According to Article 95(1), the Deputy Speaker performs the duties of the Speaker if the post is vacant.
• He also acts as the Speaker when the latter is absent from the sitting of the House.
• Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the House.
• He also presides over the joint sitting of both Houses of Parliament in case the Speaker is absent from such a sitting.
• The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.
• When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House. He can speak in the House, participate in its proceedings, and vote on any question before the House.

What are the issues or reasons of conflict?

Issues or Reasons of conflict
Allegations of Favouring Ruling Party	Several judgments on the anti-defection law highlight partisan conduct of speakers specially in State Assemblies
	In 17th Lok Sabha Session a total of 100 MP’s were suspended from opposition Party
Party Interest Over National Interest	Many opposition MP’s blames Speaker that during their speech Speaker mutes their mike
	Speakers who are active members of the ruling party may refuse essential debates in the national interest like debate on No Confidence Motion etc whereas motion on opposition is easily accepted by Speaker
Bills are Not Referred to Committees	Stalling parliamentary proceedings has resulted in the passing of significant bills without discussion surpassing check and balance of opposition
Absolute Power	Speakers exercise wide discretion in matters of Money Bills, decorum maintenance, and the suspension of members.
	Bills are sometimes labeled as ‘Money Bills’ to bypass the Upper Houses. E.g The electoral bond was passed as Money Bill
Misuse of Powers under the 10th Schedule	The role of the Speaker in political crises has raised concerns about the misuse of powers under the 10th Schedule. Especially we saw this in state assemblies like in Maharashtra & Uttarakhand
Appointment System	Generally Speakers are elected from the ruling party, leading to questions about their independence from party influence

Supreme Court Judgement related to these issues

Kihoto Hollohan vs Zachillhu (1992): The Supreme Court has held that the Parliament consider taking a relook at the powers of the Speakers citing instances of partisanship. It has suggested independent tribunals to decide on disqualification.

Nabam Rebia v Bemang Felix case (2016),the Supreme Court held that it is “constitutionally impermissible” for a speaker to proceed with disqualification proceedings, if a no-confidence motion against him is pending.

Keisham Meghachandra Singh vs The Hon’ble Speaker Manipur (2020): The Supreme Court recommended amending the Constitution to create an independent tribunal led by judges to handle such matters.

What measure can be taken for suitable conduction of Parliament or to make the post of Loksabha Speaker free from political issues?

• India can learn from different countries- Like In Britain, the Speaker is strictly a non-party person. There is a convention that the Speaker has to resign from his party and remain politically neutral. . Hence, this mechanism can be adopted. Whereas The Speaker in Canada has the authority to call ministers to appear before the house to answer questions and to hold investigations into matters of public concern. This could expand the Speaker's oversight role over the executive branch and hold it accountable to the Parliament.
• Parliament can amend the 10th Schedule and can give a specific time frame to decide on disqualification as well as can make a tribunal as suggested by SC itself.
• Absolute power on Money Bill can be taken from Speaker and can given to a committee in which opposition should also be include. Or Ruling party should continue the tradition of giving Deputy Speaker post to opposition and they both can decide on Money Bill.

Conclusion

The Speaker and Deputy Speaker is a significant post of Lok Sabha. They are not only presiding officer, but also they wield significant power in shaping the functioning of the house. So they should work above party line. Also opposition and government should try to come on a comnclusing point for the post of Speaker & Deputy Speaker. Or they can take suitable measure to make them free from political issues. 

Know about Protem Speaker  Article 95(1) of the Constitution provides that when the post of Speaker and Deputy Speaker is vacant, the President shall appoint a member of the Lok Sabha to perform the duties of the Speaker. This would be the situation when the first meeting of a new Lok Sabha commences. Hence, the President appoints ‘Speaker pro tem’ under this provision till the full-time Speaker is elected. The term ‘pro tem’ means ‘for the time being’ or ‘temporary’. This term is not found in the Constitution or rules of Lok Sabha but is a conventional term which finds mention in the ‘Handbook on the working of Ministry of Parliamentary affairs.’ 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. The Speaker pro tem administers oath of office to other MPs and presides over the election of full-time Speaker. When the new Speaker is elected by the House, the office of the Speaker Pro Tem ceases to exist.