The results of the recently concluded Lok Sabha election came as a surprise to many as the Bharatiya Janata Party (BJP), which was widely expected to win a convincing mandate, fell short of the majority mark by over 30 seats.
However, the National Democratic Alliance (NDA) alliance as a whole, of which the BJP is a leading member, got over 290 seats, as a result of which it can form the government. However, as per media reports, the BJP’s major alliance partners Telugu Desam Party (TDP) and Janata Dal (United) or JD(U) have put forth certain demands to extend their support, without which government formation becomes difficult if not impossible
It has been widely reported that the TDP and JD (U) have asked for the post of Lok Sabha speaker in addition to a plum few plum ministries to extend their support to the NDA. The TDP, a constant ally of the BJP, played an instrumental role in forming the first NDA government between 1999 and 2004. Between 1999 and 2002, its Bala Yogi was the speaker of the Lower House until he was killed in a helicopter accident.
Moneycontrol explains the history of the post of Lok Sabha speaker, why a speaker is influential and whether courts can review a decision by the speaker.
Powers of the speaker
The speaker derives his or her powers from the Constitution, the conduct of business rules governing the Lok Sabha and the unwritten conventions. As the head of the Lok Sabha, the speaker is bestowed with the power to maintain order and decorum. The speaker is also the guardian of the powers and privileges of the members, the House and its committees.
It is the speaker who decides which member is to address the Parliament and what kind of questions can be asked. Most importantly, the speaker can accept or reject a law that the government intends to pass as a money bill. Money bills are those that pertain to financial matters like taxation or the government's public expenditure. They are introduced and passed only in the Lok Sabha and do not have to be endorsed by the Rajya Sabha. The Aadhaar Act, 2016, is an example of a money bill introduced and debated in and passed by the Lok Sabha.
The speaker also decides the agenda of the Parliament and can suspend/ adjourn its proceedings when there is no quorum. Moreover, the speaker has the power to disqualify a member of Parliament (MP) from the House on the grounds of defection as per the 10th Schedule of the Constitution. The 10th Schedule was introduced in the mid-1980s to prevent political defections for blandishments such as money or posts.
However, in 1992, the Supreme Court held that the decision of the speaker to disqualify a member is subject to judicial review by courts.
Who is a speaker?
The speaker of the Lok Sabha is the presiding officer of the Lower House of Parliament. He or she is responsible for the conduct of affairs and for the passage of laws by the House. The concept of the leader/presiding officer was introduced in the Government of India Act, 1919. That was an offshoot of the Montagu-Chelmsford reforms, which were aimed at giving representation to Indians during British colonial rule. In the original 1919 law, the speaker and the deputy speaker were called the president and the vice president. The president and the vice president had more or less similar functions as the speaker and the deputy speaker have in the modern-day Parliament.
The Government of India Act was re-enacted in 1935, wherein the words president and vice president were replaced by speaker/deputy speaker. Subsequently, when the Constitution of India came into force after independence, the posts of speaker and deputy speaker were retained without much deliberation.
Article 93 of the Constitution says, “The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker.” The Constitution also mandates that if the post of the speaker falls vacant, it should immediately be filled up.
How is a speaker chosen?
Usually, a member of the ruling party/coalition is elected as speaker. Once the general election concludes, the MPs select a name among themselves and send it to the President of India, who then calls for an election of speaker, and sets the date for the vote. The House elects its presiding officer by a simple majority of members present.
Unwritten convention dictates that the speaker enjoys the respect of all sections of the Lok Sabha (the ruling party and the opposition). The speaker also does not involve himself or herself in the debates in Parliament.
When the Lok Sabha is dissolved, the speaker remains in office until the first meeting of the new assembly, when the new speaker is elected.
When can a speaker be removed?
A speaker can be removed by a vote of the majority of MPs. The reasons for removal could be resignation from the House, disqualification from Parliament or loss of faith by MPs.
A resolution to remove a speaker can be passed only after a 14-day notice is given. A speaker is allowed to attend the proceedings for his or her removal, but cannot preside over it. He or she can, however, vote in the first instance.
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