Offices & Devices of Parliament | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


Lok Sabha  
Presiding O?cers 
History of O?ces: 
The ins(tu(ons of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the 
Government of India Act of 1919 (Montague- Chelmsford Reforms). At that (me, the Speaker and the 
Deputy Speaker were called the President and Deputy President respec(vely and the same nomenclature 
con(nued (ll 1947.  
Before 1921, the Governor-General of India used to preside over the mee(ngs of the Central Legisla(ve 
Council. In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of 
India as the ?rst Speaker and the ?rst Deputy Speaker (respec(vely) of the central legisla(ve assembly. In 
1925, Vithalbhai J. Patel became the ?rst Indian and the ?rst elected Speaker of the central legisla(ve 
assembly. The Government of India Act of 1935 changed the nomenclatures of President and Deputy 
President of the Central Legisla(ve Assembly to the Speaker and Deputy Speaker respec(vely.  
However, the old nomenclature con(nued (ll 1947 as the federal part of the 1935 Act was not 
implemented. G V Mavalankar and Ananthasayanam Ayyangar had the dis(nc(on of being the ?rst Speaker 
and the ?rst Deputy Speaker (respec(vely) of the Lok Sabha.G V Mavalankar also held the post of Speaker in 
the Cons(tuent Assembly (Legisla(ve) as well as the provisional Parliament. He held the post of Speaker of 
Lok Sabha con(nuously for one decade from 1946 to 1956.  
Speaker: 
The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, aXer its ?rst siYng). 
Whenever the o?ce of the Speaker falls vacant, the Lok Sabha elects another member to ?ll the vacancy. 
The date of elec(on of the Speaker is ?xed by the President. Usually, the Speaker remains in o?ce during 
the life of the Lok Sabha. However, he has to vacate his o?ce earlier in any of the following three cases: 
1. if he ceases to be a member of the Lok Sabha; 
2. if he resigns by wri(ng to the Deputy Speaker; and 
3. if he is removed by a resolu(on passed by a majority of all the members of the Lok Sabha. 
Such a resolu(on can be moved only aXer giving 14 days’ advance no(ce. When a resolu(on for the 
removal of the Speaker is under considera(on of the House, he cannot preside at the siYng of the House, 
though he may be present. However, he can speak and take part in the proceedings of the House at such a 
(me and vote in the ?rst instance, though not in the case of an equality of votes. Whenever the Lok Sabha is 
dissolved, the Speaker does not vacate his o?ce and con(nues (ll the newly-elected Lok Sabha meets. 
Role, Powers and Func@ons: 
The Speaker is the head of the Lok Sabha, and its representa(ve. He is the guardian of powers and 
privileges of the members, the House as a whole and its commibees. He is the principal spokesman of the 
House, and his decision in all Parliamentary mabers is ?nal. Hewi% and Shirin Rai argue that within the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Page 2


Lok Sabha  
Presiding O?cers 
History of O?ces: 
The ins(tu(ons of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the 
Government of India Act of 1919 (Montague- Chelmsford Reforms). At that (me, the Speaker and the 
Deputy Speaker were called the President and Deputy President respec(vely and the same nomenclature 
con(nued (ll 1947.  
Before 1921, the Governor-General of India used to preside over the mee(ngs of the Central Legisla(ve 
Council. In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of 
India as the ?rst Speaker and the ?rst Deputy Speaker (respec(vely) of the central legisla(ve assembly. In 
1925, Vithalbhai J. Patel became the ?rst Indian and the ?rst elected Speaker of the central legisla(ve 
assembly. The Government of India Act of 1935 changed the nomenclatures of President and Deputy 
President of the Central Legisla(ve Assembly to the Speaker and Deputy Speaker respec(vely.  
However, the old nomenclature con(nued (ll 1947 as the federal part of the 1935 Act was not 
implemented. G V Mavalankar and Ananthasayanam Ayyangar had the dis(nc(on of being the ?rst Speaker 
and the ?rst Deputy Speaker (respec(vely) of the Lok Sabha.G V Mavalankar also held the post of Speaker in 
the Cons(tuent Assembly (Legisla(ve) as well as the provisional Parliament. He held the post of Speaker of 
Lok Sabha con(nuously for one decade from 1946 to 1956.  
Speaker: 
The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, aXer its ?rst siYng). 
Whenever the o?ce of the Speaker falls vacant, the Lok Sabha elects another member to ?ll the vacancy. 
The date of elec(on of the Speaker is ?xed by the President. Usually, the Speaker remains in o?ce during 
the life of the Lok Sabha. However, he has to vacate his o?ce earlier in any of the following three cases: 
1. if he ceases to be a member of the Lok Sabha; 
2. if he resigns by wri(ng to the Deputy Speaker; and 
3. if he is removed by a resolu(on passed by a majority of all the members of the Lok Sabha. 
Such a resolu(on can be moved only aXer giving 14 days’ advance no(ce. When a resolu(on for the 
removal of the Speaker is under considera(on of the House, he cannot preside at the siYng of the House, 
though he may be present. However, he can speak and take part in the proceedings of the House at such a 
(me and vote in the ?rst instance, though not in the case of an equality of votes. Whenever the Lok Sabha is 
dissolved, the Speaker does not vacate his o?ce and con(nues (ll the newly-elected Lok Sabha meets. 
Role, Powers and Func@ons: 
The Speaker is the head of the Lok Sabha, and its representa(ve. He is the guardian of powers and 
privileges of the members, the House as a whole and its commibees. He is the principal spokesman of the 
House, and his decision in all Parliamentary mabers is ?nal. Hewi% and Shirin Rai argue that within the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Westminster tradi(on, the Speaker sits at the heart of Parliament, as mediator between government and 
opposi(on and as the sole authority over what types of procedures are adopted and when, and whether 
speci?c types of behaviour are acceptable or not. The Speaker rules on the validity and placing of calling 
aben(on no(ces, special men(ons, mo(ons of parliamentary privilege, half- hour debates, and ques(ons to 
the ministers, which take place at the onset of parliamentary business.  
The Speaker of the Lok Sabha derives his powers and du(es from three sources, that is, the Cons(tu(on of 
India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conven(ons 
(residuary powers that are unwriben or unspeci?ed in the Rules). Altogether, he has the following powers 
and du(es: 
1. He maintains order and decorum in the House for conduc(ng its business and regula(ng its proceedings. 
This is his primary responsibility and he has ?nal power in this regard. 
2. He is the ?nal interpreter of the provisions of (a) the Cons(tu(on of India, 
(b) the Rules of Procedure and Conduct of Business of Lok Sabha, and 
(c) the parliamentary precedents, within the House. 
3. He adjourns the House or suspends the mee(ng in absence of a quorum. The quorum to cons(tute a 
mee(ng of the House is one-tenth of the total strength of the House. 
4. He does not vote in the ?rst instance. But he can exercise a cas(ng vote in the case of a (e. In other 
words, only when the House is divided equally on any ques(on, the Speaker is en(tled to vote. Such 
vote is called cas(ng vote, and its purpose is to resolve a deadlock. 
5. He presides over a joint seYng of the two Houses of Parliament. Such a siYng is summoned by the 
President to seble a deadlock between the two Houses on a bill. 
6. He can allow a ‘secret’ siYng of the House at the request of the Leader of the House. When the House 
sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of 
the Speaker. 
7. He decides whether a bill is a money bill or not and his decision on this ques(on is ?nal. When a money 
bill is transmibed to the Rajya Sabha for recommenda(on and presented to the President for assent, the 
Speaker endorses on the bill his cer(?cate that it is a money bill. 
8. He decides the ques(ons of disquali?ca(on of a member of the Lok Sabha, arising on the ground of 
defec(on under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the 
decision of the Speaker in this regard is subject to judicial review. 
9. He acts as the ex-o?cio chairman of the Indian Parliamentary Group which acts as a link between the 
Parliament of India and the various parliaments of the world. He also acts as the ex- o?cio chairman of 
the conference of presiding o?cers of legisla(ve bodies in the country. 
10.He appoints the chairman of all the parliamentary commibees of the Lok Sabha and supervises their 
func(oning. He himself is the chairman of the Business Advisory Commibee, the Rules Commibee and 
the General Purpose Commibee.   
Considering the power and pres(ge of the posi(on, there are su?cient provisions to ensure the impar(ality 
and independence of the O?ce of Speaker:  
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Page 3


Lok Sabha  
Presiding O?cers 
History of O?ces: 
The ins(tu(ons of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the 
Government of India Act of 1919 (Montague- Chelmsford Reforms). At that (me, the Speaker and the 
Deputy Speaker were called the President and Deputy President respec(vely and the same nomenclature 
con(nued (ll 1947.  
Before 1921, the Governor-General of India used to preside over the mee(ngs of the Central Legisla(ve 
Council. In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of 
India as the ?rst Speaker and the ?rst Deputy Speaker (respec(vely) of the central legisla(ve assembly. In 
1925, Vithalbhai J. Patel became the ?rst Indian and the ?rst elected Speaker of the central legisla(ve 
assembly. The Government of India Act of 1935 changed the nomenclatures of President and Deputy 
President of the Central Legisla(ve Assembly to the Speaker and Deputy Speaker respec(vely.  
However, the old nomenclature con(nued (ll 1947 as the federal part of the 1935 Act was not 
implemented. G V Mavalankar and Ananthasayanam Ayyangar had the dis(nc(on of being the ?rst Speaker 
and the ?rst Deputy Speaker (respec(vely) of the Lok Sabha.G V Mavalankar also held the post of Speaker in 
the Cons(tuent Assembly (Legisla(ve) as well as the provisional Parliament. He held the post of Speaker of 
Lok Sabha con(nuously for one decade from 1946 to 1956.  
Speaker: 
The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, aXer its ?rst siYng). 
Whenever the o?ce of the Speaker falls vacant, the Lok Sabha elects another member to ?ll the vacancy. 
The date of elec(on of the Speaker is ?xed by the President. Usually, the Speaker remains in o?ce during 
the life of the Lok Sabha. However, he has to vacate his o?ce earlier in any of the following three cases: 
1. if he ceases to be a member of the Lok Sabha; 
2. if he resigns by wri(ng to the Deputy Speaker; and 
3. if he is removed by a resolu(on passed by a majority of all the members of the Lok Sabha. 
Such a resolu(on can be moved only aXer giving 14 days’ advance no(ce. When a resolu(on for the 
removal of the Speaker is under considera(on of the House, he cannot preside at the siYng of the House, 
though he may be present. However, he can speak and take part in the proceedings of the House at such a 
(me and vote in the ?rst instance, though not in the case of an equality of votes. Whenever the Lok Sabha is 
dissolved, the Speaker does not vacate his o?ce and con(nues (ll the newly-elected Lok Sabha meets. 
Role, Powers and Func@ons: 
The Speaker is the head of the Lok Sabha, and its representa(ve. He is the guardian of powers and 
privileges of the members, the House as a whole and its commibees. He is the principal spokesman of the 
House, and his decision in all Parliamentary mabers is ?nal. Hewi% and Shirin Rai argue that within the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Westminster tradi(on, the Speaker sits at the heart of Parliament, as mediator between government and 
opposi(on and as the sole authority over what types of procedures are adopted and when, and whether 
speci?c types of behaviour are acceptable or not. The Speaker rules on the validity and placing of calling 
aben(on no(ces, special men(ons, mo(ons of parliamentary privilege, half- hour debates, and ques(ons to 
the ministers, which take place at the onset of parliamentary business.  
The Speaker of the Lok Sabha derives his powers and du(es from three sources, that is, the Cons(tu(on of 
India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conven(ons 
(residuary powers that are unwriben or unspeci?ed in the Rules). Altogether, he has the following powers 
and du(es: 
1. He maintains order and decorum in the House for conduc(ng its business and regula(ng its proceedings. 
This is his primary responsibility and he has ?nal power in this regard. 
2. He is the ?nal interpreter of the provisions of (a) the Cons(tu(on of India, 
(b) the Rules of Procedure and Conduct of Business of Lok Sabha, and 
(c) the parliamentary precedents, within the House. 
3. He adjourns the House or suspends the mee(ng in absence of a quorum. The quorum to cons(tute a 
mee(ng of the House is one-tenth of the total strength of the House. 
4. He does not vote in the ?rst instance. But he can exercise a cas(ng vote in the case of a (e. In other 
words, only when the House is divided equally on any ques(on, the Speaker is en(tled to vote. Such 
vote is called cas(ng vote, and its purpose is to resolve a deadlock. 
5. He presides over a joint seYng of the two Houses of Parliament. Such a siYng is summoned by the 
President to seble a deadlock between the two Houses on a bill. 
6. He can allow a ‘secret’ siYng of the House at the request of the Leader of the House. When the House 
sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of 
the Speaker. 
7. He decides whether a bill is a money bill or not and his decision on this ques(on is ?nal. When a money 
bill is transmibed to the Rajya Sabha for recommenda(on and presented to the President for assent, the 
Speaker endorses on the bill his cer(?cate that it is a money bill. 
8. He decides the ques(ons of disquali?ca(on of a member of the Lok Sabha, arising on the ground of 
defec(on under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the 
decision of the Speaker in this regard is subject to judicial review. 
9. He acts as the ex-o?cio chairman of the Indian Parliamentary Group which acts as a link between the 
Parliament of India and the various parliaments of the world. He also acts as the ex- o?cio chairman of 
the conference of presiding o?cers of legisla(ve bodies in the country. 
10.He appoints the chairman of all the parliamentary commibees of the Lok Sabha and supervises their 
func(oning. He himself is the chairman of the Business Advisory Commibee, the Rules Commibee and 
the General Purpose Commibee.   
Considering the power and pres(ge of the posi(on, there are su?cient provisions to ensure the impar(ality 
and independence of the O?ce of Speaker:  
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
1. He is provided with a security of tenure. He can be removed only by a resolu(on passed by the e?ec(ve 
majority of the House as per ar(cle 94 (may be removed from his o?ce by a resolu(on of the House of 
the People passed by a majority of all the then members of the House). his mo(on of removal can be 
considered and discussed only when it has the support of at least 50 members. 
2. His salaries and allowances are ?xed by Parliament. They are charged on the Consolidated Fund of India 
and thus are not subject to the annual vote of Parliament. 
3. His work and conduct cannot be discussed and cri(cised in the Lok Sabha except on a substan(ve 
mo(on. 
4. His powers of regula(ng procedure or conduc(ng business or maintaining order in the House are not 
subject to the jurisdic(on of any Court. 
5. He cannot vote in the ?rst instance. He can only exercise a cas(ng vote in the event of a (e. This makes 
the posi(on of Speaker impar(al. 
6. He is given a very high posi(on in the order of precedence. He is placed at seventh rank, along with the 
Chief Jus(ce of India. This means, the Speaker has a higher rank than all cabinet ministers, except the 
Prime Minister or Deputy Prime Minister. 
In Britain, the Speaker is strictly a non-party man. There is a conven(on that the Speaker has to resign from 
his party and remain poli(cally neutral. This healthy conven(on is not fully established in India where the 
Speaker does not resign from the membership of his party on his elec(on to the exalted o?ce.  
Role of the Speaker: 
Alok Prasanna Kumar talks of the broader administra(ve responsibili(es that fall upon the o?ce of Speaker 
include maintaining order in the house, choosing the ques(ons that will be introduced for debate and 
deciding who will speak. The speaker does not herself intervene in debates—and in fact cannot, by 
conven(on, do so—which means that her role is one of an impar(al arbiter of the rules of parliament.  
The reality, though, has belied this cons(tu(onal expecta(on. Speakers have, over the years, become more 
par(san in their func(oning. This stems from the more discre(onary powers the presiding o?cer wields, 
such as the ability to disqualify members of the legislature under the an(-defec(on provisions of the 
Cons(tu(on of India. In fact, Jus(ce JS Verma in the Kihoto Hollohan case argued that since the speaker’s 
tenure was dependent on the ruling majority in the house, she could not be considered an unbiased 
independent adjudicator. He said that the choice of the speaker as “the sole arbiter in the maber violates an 
essen(al abribute of the basic feature” of the Cons(tu(on. 
There have been other issues emerging as well. The budget session of 2018—in which among other things, 
the demands-for-grants from various ministries were to be scru(nised—was one of the least produc(ve in 
recent memory. In March, Lok Sabha speaker Sumitra Mahajan used her powers to “guillo(ne” the debate 
about the Finance Bill and Appropria(on Bill in light of “disrup(ons” from opposi(on par(es. Guillo(ne is 
the process by which all outstanding demands by various ministries are put to vote in quick succession by 
the speaker, aXer the allobed (me of debate is over.  
A key role of the speaker is to determine which bills will be discussed and voted on in the house. There are 
usually ins(tu(onal checks in the passage of a bill, where the upper house—whose members are not 
popularly elected—must also vote on it before it is passed. The only bills which the Rajya Sabha cannot vote 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Page 4


Lok Sabha  
Presiding O?cers 
History of O?ces: 
The ins(tu(ons of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the 
Government of India Act of 1919 (Montague- Chelmsford Reforms). At that (me, the Speaker and the 
Deputy Speaker were called the President and Deputy President respec(vely and the same nomenclature 
con(nued (ll 1947.  
Before 1921, the Governor-General of India used to preside over the mee(ngs of the Central Legisla(ve 
Council. In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of 
India as the ?rst Speaker and the ?rst Deputy Speaker (respec(vely) of the central legisla(ve assembly. In 
1925, Vithalbhai J. Patel became the ?rst Indian and the ?rst elected Speaker of the central legisla(ve 
assembly. The Government of India Act of 1935 changed the nomenclatures of President and Deputy 
President of the Central Legisla(ve Assembly to the Speaker and Deputy Speaker respec(vely.  
However, the old nomenclature con(nued (ll 1947 as the federal part of the 1935 Act was not 
implemented. G V Mavalankar and Ananthasayanam Ayyangar had the dis(nc(on of being the ?rst Speaker 
and the ?rst Deputy Speaker (respec(vely) of the Lok Sabha.G V Mavalankar also held the post of Speaker in 
the Cons(tuent Assembly (Legisla(ve) as well as the provisional Parliament. He held the post of Speaker of 
Lok Sabha con(nuously for one decade from 1946 to 1956.  
Speaker: 
The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, aXer its ?rst siYng). 
Whenever the o?ce of the Speaker falls vacant, the Lok Sabha elects another member to ?ll the vacancy. 
The date of elec(on of the Speaker is ?xed by the President. Usually, the Speaker remains in o?ce during 
the life of the Lok Sabha. However, he has to vacate his o?ce earlier in any of the following three cases: 
1. if he ceases to be a member of the Lok Sabha; 
2. if he resigns by wri(ng to the Deputy Speaker; and 
3. if he is removed by a resolu(on passed by a majority of all the members of the Lok Sabha. 
Such a resolu(on can be moved only aXer giving 14 days’ advance no(ce. When a resolu(on for the 
removal of the Speaker is under considera(on of the House, he cannot preside at the siYng of the House, 
though he may be present. However, he can speak and take part in the proceedings of the House at such a 
(me and vote in the ?rst instance, though not in the case of an equality of votes. Whenever the Lok Sabha is 
dissolved, the Speaker does not vacate his o?ce and con(nues (ll the newly-elected Lok Sabha meets. 
Role, Powers and Func@ons: 
The Speaker is the head of the Lok Sabha, and its representa(ve. He is the guardian of powers and 
privileges of the members, the House as a whole and its commibees. He is the principal spokesman of the 
House, and his decision in all Parliamentary mabers is ?nal. Hewi% and Shirin Rai argue that within the 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
Westminster tradi(on, the Speaker sits at the heart of Parliament, as mediator between government and 
opposi(on and as the sole authority over what types of procedures are adopted and when, and whether 
speci?c types of behaviour are acceptable or not. The Speaker rules on the validity and placing of calling 
aben(on no(ces, special men(ons, mo(ons of parliamentary privilege, half- hour debates, and ques(ons to 
the ministers, which take place at the onset of parliamentary business.  
The Speaker of the Lok Sabha derives his powers and du(es from three sources, that is, the Cons(tu(on of 
India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conven(ons 
(residuary powers that are unwriben or unspeci?ed in the Rules). Altogether, he has the following powers 
and du(es: 
1. He maintains order and decorum in the House for conduc(ng its business and regula(ng its proceedings. 
This is his primary responsibility and he has ?nal power in this regard. 
2. He is the ?nal interpreter of the provisions of (a) the Cons(tu(on of India, 
(b) the Rules of Procedure and Conduct of Business of Lok Sabha, and 
(c) the parliamentary precedents, within the House. 
3. He adjourns the House or suspends the mee(ng in absence of a quorum. The quorum to cons(tute a 
mee(ng of the House is one-tenth of the total strength of the House. 
4. He does not vote in the ?rst instance. But he can exercise a cas(ng vote in the case of a (e. In other 
words, only when the House is divided equally on any ques(on, the Speaker is en(tled to vote. Such 
vote is called cas(ng vote, and its purpose is to resolve a deadlock. 
5. He presides over a joint seYng of the two Houses of Parliament. Such a siYng is summoned by the 
President to seble a deadlock between the two Houses on a bill. 
6. He can allow a ‘secret’ siYng of the House at the request of the Leader of the House. When the House 
sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of 
the Speaker. 
7. He decides whether a bill is a money bill or not and his decision on this ques(on is ?nal. When a money 
bill is transmibed to the Rajya Sabha for recommenda(on and presented to the President for assent, the 
Speaker endorses on the bill his cer(?cate that it is a money bill. 
8. He decides the ques(ons of disquali?ca(on of a member of the Lok Sabha, arising on the ground of 
defec(on under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the 
decision of the Speaker in this regard is subject to judicial review. 
9. He acts as the ex-o?cio chairman of the Indian Parliamentary Group which acts as a link between the 
Parliament of India and the various parliaments of the world. He also acts as the ex- o?cio chairman of 
the conference of presiding o?cers of legisla(ve bodies in the country. 
10.He appoints the chairman of all the parliamentary commibees of the Lok Sabha and supervises their 
func(oning. He himself is the chairman of the Business Advisory Commibee, the Rules Commibee and 
the General Purpose Commibee.   
Considering the power and pres(ge of the posi(on, there are su?cient provisions to ensure the impar(ality 
and independence of the O?ce of Speaker:  
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
1. He is provided with a security of tenure. He can be removed only by a resolu(on passed by the e?ec(ve 
majority of the House as per ar(cle 94 (may be removed from his o?ce by a resolu(on of the House of 
the People passed by a majority of all the then members of the House). his mo(on of removal can be 
considered and discussed only when it has the support of at least 50 members. 
2. His salaries and allowances are ?xed by Parliament. They are charged on the Consolidated Fund of India 
and thus are not subject to the annual vote of Parliament. 
3. His work and conduct cannot be discussed and cri(cised in the Lok Sabha except on a substan(ve 
mo(on. 
4. His powers of regula(ng procedure or conduc(ng business or maintaining order in the House are not 
subject to the jurisdic(on of any Court. 
5. He cannot vote in the ?rst instance. He can only exercise a cas(ng vote in the event of a (e. This makes 
the posi(on of Speaker impar(al. 
6. He is given a very high posi(on in the order of precedence. He is placed at seventh rank, along with the 
Chief Jus(ce of India. This means, the Speaker has a higher rank than all cabinet ministers, except the 
Prime Minister or Deputy Prime Minister. 
In Britain, the Speaker is strictly a non-party man. There is a conven(on that the Speaker has to resign from 
his party and remain poli(cally neutral. This healthy conven(on is not fully established in India where the 
Speaker does not resign from the membership of his party on his elec(on to the exalted o?ce.  
Role of the Speaker: 
Alok Prasanna Kumar talks of the broader administra(ve responsibili(es that fall upon the o?ce of Speaker 
include maintaining order in the house, choosing the ques(ons that will be introduced for debate and 
deciding who will speak. The speaker does not herself intervene in debates—and in fact cannot, by 
conven(on, do so—which means that her role is one of an impar(al arbiter of the rules of parliament.  
The reality, though, has belied this cons(tu(onal expecta(on. Speakers have, over the years, become more 
par(san in their func(oning. This stems from the more discre(onary powers the presiding o?cer wields, 
such as the ability to disqualify members of the legislature under the an(-defec(on provisions of the 
Cons(tu(on of India. In fact, Jus(ce JS Verma in the Kihoto Hollohan case argued that since the speaker’s 
tenure was dependent on the ruling majority in the house, she could not be considered an unbiased 
independent adjudicator. He said that the choice of the speaker as “the sole arbiter in the maber violates an 
essen(al abribute of the basic feature” of the Cons(tu(on. 
There have been other issues emerging as well. The budget session of 2018—in which among other things, 
the demands-for-grants from various ministries were to be scru(nised—was one of the least produc(ve in 
recent memory. In March, Lok Sabha speaker Sumitra Mahajan used her powers to “guillo(ne” the debate 
about the Finance Bill and Appropria(on Bill in light of “disrup(ons” from opposi(on par(es. Guillo(ne is 
the process by which all outstanding demands by various ministries are put to vote in quick succession by 
the speaker, aXer the allobed (me of debate is over.  
A key role of the speaker is to determine which bills will be discussed and voted on in the house. There are 
usually ins(tu(onal checks in the passage of a bill, where the upper house—whose members are not 
popularly elected—must also vote on it before it is passed. The only bills which the Rajya Sabha cannot vote 
www.YouTube.com/SleepyClasses 
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on, however, are “money bills.” The cons(tu(on states that money bills are only those that have provisions 
rela(ng to taxes and expenditures from the consolidated fund of India. However, this can be sidestepped if 
the speaker declares that certain bills are money bills.  
The Aadhaar (Targeted Delivery of Financial and Other subsidies, Bene?ts And Services) Act, 2016, for 
instance, has provisions related to data protec(on, privacy and powers of the authority, among others, not 
all of which relate directly to subsidies or payment of bene?ts. While the Supreme Court in the Aadhar 
verdict jus(?ed the passage of the Aadhaar Bill as a money bill in the Parliament but noted that the decision 
of the Speaker to classify a bill as money bill as per the provisions of Ar(cle 110 is open to judicial review. 
The Speaker’s decision may now be scru(nised under Ar(cle 110 to examine whether the bill actually 
covers the issue of receipt and spending of money.  
Deputy Speaker: 
Deputy Speaker is also elected by the Lok Sabha itself from amongst its members. He is elected aXer the 
elec(on of the Speaker has taken place. The date of elec(on of the Deputy Speaker is ?xed by the Speaker. 
Whenever the o?ce of the Deputy Speaker falls vacant, the Lok Sabha elects another member to ?ll the 
vacancy. 
Like the Speaker, the Deputy Speaker remains in o?ce usually during the life of the Lok Sabha. However, he 
may vacate his o?ce earlier in any of the following three cases: 
1. if he ceases to be a member of the Lok Sabha; 
2. if he resigns by wri(ng to the Speaker; and 
3. if he is removed by a resolu(on passed by an e?ec(ve majority of all the members of the Lok Sabha. 
Such a resolu(on can be moved only aXer giving 14 days’ advance no(ce. The Deputy Speaker performs the 
du(es of the Speaker’s o?ce when it is vacant. He also acts as  the Speaker when the laber is absent from 
the siYng of the House. In both the cases, he assumes all the powers of the Speaker. He also presides over  
the joint siYng of both the Houses of Parliament, in case the Speaker is absent from such a siYng.  It 
should be noted here that the Deputy Speaker is not subordinate to the Speaker. He is directly  responsible 
to the House. 
The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a  
parliamentary commibee, he automa(cally becomes its chairman.Like the Speaker, the Deputy Speaker, 
while presiding over the House, cannot vote in the ?rst  instance; he can only exercise a cas(ng vote in the 
case of a (e. Further, when a resolu(on for the removal of the Deputy Speaker is under considera(on of the 
House, he cannot preside at the siYng of the House, though he may be present.  
Upto the 10th Lok Sabha, both the Speaker and the Deputy Speaker were usually from the ruling party. 
Since the 11th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party (or 
ruling alliance) and the post of Deputy Speaker goes to the main opposi(on party. The Speaker and the 
Deputy Speaker, while assuming their o?ces, do not make and subscribe any separate oath or a?rma(on.  
Panel of Chairpersons: 
Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of not more than 
ten chairpersons. Any of them can preside over the House in the absence of the Speaker or the Deputy 
Speaker. He has the same powers as the Speaker when so presiding. He holds o?ce un(l a new panel of 
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Page 5


Lok Sabha  
Presiding O?cers 
History of O?ces: 
The ins(tu(ons of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the 
Government of India Act of 1919 (Montague- Chelmsford Reforms). At that (me, the Speaker and the 
Deputy Speaker were called the President and Deputy President respec(vely and the same nomenclature 
con(nued (ll 1947.  
Before 1921, the Governor-General of India used to preside over the mee(ngs of the Central Legisla(ve 
Council. In 1921, the Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of 
India as the ?rst Speaker and the ?rst Deputy Speaker (respec(vely) of the central legisla(ve assembly. In 
1925, Vithalbhai J. Patel became the ?rst Indian and the ?rst elected Speaker of the central legisla(ve 
assembly. The Government of India Act of 1935 changed the nomenclatures of President and Deputy 
President of the Central Legisla(ve Assembly to the Speaker and Deputy Speaker respec(vely.  
However, the old nomenclature con(nued (ll 1947 as the federal part of the 1935 Act was not 
implemented. G V Mavalankar and Ananthasayanam Ayyangar had the dis(nc(on of being the ?rst Speaker 
and the ?rst Deputy Speaker (respec(vely) of the Lok Sabha.G V Mavalankar also held the post of Speaker in 
the Cons(tuent Assembly (Legisla(ve) as well as the provisional Parliament. He held the post of Speaker of 
Lok Sabha con(nuously for one decade from 1946 to 1956.  
Speaker: 
The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, aXer its ?rst siYng). 
Whenever the o?ce of the Speaker falls vacant, the Lok Sabha elects another member to ?ll the vacancy. 
The date of elec(on of the Speaker is ?xed by the President. Usually, the Speaker remains in o?ce during 
the life of the Lok Sabha. However, he has to vacate his o?ce earlier in any of the following three cases: 
1. if he ceases to be a member of the Lok Sabha; 
2. if he resigns by wri(ng to the Deputy Speaker; and 
3. if he is removed by a resolu(on passed by a majority of all the members of the Lok Sabha. 
Such a resolu(on can be moved only aXer giving 14 days’ advance no(ce. When a resolu(on for the 
removal of the Speaker is under considera(on of the House, he cannot preside at the siYng of the House, 
though he may be present. However, he can speak and take part in the proceedings of the House at such a 
(me and vote in the ?rst instance, though not in the case of an equality of votes. Whenever the Lok Sabha is 
dissolved, the Speaker does not vacate his o?ce and con(nues (ll the newly-elected Lok Sabha meets. 
Role, Powers and Func@ons: 
The Speaker is the head of the Lok Sabha, and its representa(ve. He is the guardian of powers and 
privileges of the members, the House as a whole and its commibees. He is the principal spokesman of the 
House, and his decision in all Parliamentary mabers is ?nal. Hewi% and Shirin Rai argue that within the 
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Westminster tradi(on, the Speaker sits at the heart of Parliament, as mediator between government and 
opposi(on and as the sole authority over what types of procedures are adopted and when, and whether 
speci?c types of behaviour are acceptable or not. The Speaker rules on the validity and placing of calling 
aben(on no(ces, special men(ons, mo(ons of parliamentary privilege, half- hour debates, and ques(ons to 
the ministers, which take place at the onset of parliamentary business.  
The Speaker of the Lok Sabha derives his powers and du(es from three sources, that is, the Cons(tu(on of 
India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conven(ons 
(residuary powers that are unwriben or unspeci?ed in the Rules). Altogether, he has the following powers 
and du(es: 
1. He maintains order and decorum in the House for conduc(ng its business and regula(ng its proceedings. 
This is his primary responsibility and he has ?nal power in this regard. 
2. He is the ?nal interpreter of the provisions of (a) the Cons(tu(on of India, 
(b) the Rules of Procedure and Conduct of Business of Lok Sabha, and 
(c) the parliamentary precedents, within the House. 
3. He adjourns the House or suspends the mee(ng in absence of a quorum. The quorum to cons(tute a 
mee(ng of the House is one-tenth of the total strength of the House. 
4. He does not vote in the ?rst instance. But he can exercise a cas(ng vote in the case of a (e. In other 
words, only when the House is divided equally on any ques(on, the Speaker is en(tled to vote. Such 
vote is called cas(ng vote, and its purpose is to resolve a deadlock. 
5. He presides over a joint seYng of the two Houses of Parliament. Such a siYng is summoned by the 
President to seble a deadlock between the two Houses on a bill. 
6. He can allow a ‘secret’ siYng of the House at the request of the Leader of the House. When the House 
sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of 
the Speaker. 
7. He decides whether a bill is a money bill or not and his decision on this ques(on is ?nal. When a money 
bill is transmibed to the Rajya Sabha for recommenda(on and presented to the President for assent, the 
Speaker endorses on the bill his cer(?cate that it is a money bill. 
8. He decides the ques(ons of disquali?ca(on of a member of the Lok Sabha, arising on the ground of 
defec(on under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the 
decision of the Speaker in this regard is subject to judicial review. 
9. He acts as the ex-o?cio chairman of the Indian Parliamentary Group which acts as a link between the 
Parliament of India and the various parliaments of the world. He also acts as the ex- o?cio chairman of 
the conference of presiding o?cers of legisla(ve bodies in the country. 
10.He appoints the chairman of all the parliamentary commibees of the Lok Sabha and supervises their 
func(oning. He himself is the chairman of the Business Advisory Commibee, the Rules Commibee and 
the General Purpose Commibee.   
Considering the power and pres(ge of the posi(on, there are su?cient provisions to ensure the impar(ality 
and independence of the O?ce of Speaker:  
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1. He is provided with a security of tenure. He can be removed only by a resolu(on passed by the e?ec(ve 
majority of the House as per ar(cle 94 (may be removed from his o?ce by a resolu(on of the House of 
the People passed by a majority of all the then members of the House). his mo(on of removal can be 
considered and discussed only when it has the support of at least 50 members. 
2. His salaries and allowances are ?xed by Parliament. They are charged on the Consolidated Fund of India 
and thus are not subject to the annual vote of Parliament. 
3. His work and conduct cannot be discussed and cri(cised in the Lok Sabha except on a substan(ve 
mo(on. 
4. His powers of regula(ng procedure or conduc(ng business or maintaining order in the House are not 
subject to the jurisdic(on of any Court. 
5. He cannot vote in the ?rst instance. He can only exercise a cas(ng vote in the event of a (e. This makes 
the posi(on of Speaker impar(al. 
6. He is given a very high posi(on in the order of precedence. He is placed at seventh rank, along with the 
Chief Jus(ce of India. This means, the Speaker has a higher rank than all cabinet ministers, except the 
Prime Minister or Deputy Prime Minister. 
In Britain, the Speaker is strictly a non-party man. There is a conven(on that the Speaker has to resign from 
his party and remain poli(cally neutral. This healthy conven(on is not fully established in India where the 
Speaker does not resign from the membership of his party on his elec(on to the exalted o?ce.  
Role of the Speaker: 
Alok Prasanna Kumar talks of the broader administra(ve responsibili(es that fall upon the o?ce of Speaker 
include maintaining order in the house, choosing the ques(ons that will be introduced for debate and 
deciding who will speak. The speaker does not herself intervene in debates—and in fact cannot, by 
conven(on, do so—which means that her role is one of an impar(al arbiter of the rules of parliament.  
The reality, though, has belied this cons(tu(onal expecta(on. Speakers have, over the years, become more 
par(san in their func(oning. This stems from the more discre(onary powers the presiding o?cer wields, 
such as the ability to disqualify members of the legislature under the an(-defec(on provisions of the 
Cons(tu(on of India. In fact, Jus(ce JS Verma in the Kihoto Hollohan case argued that since the speaker’s 
tenure was dependent on the ruling majority in the house, she could not be considered an unbiased 
independent adjudicator. He said that the choice of the speaker as “the sole arbiter in the maber violates an 
essen(al abribute of the basic feature” of the Cons(tu(on. 
There have been other issues emerging as well. The budget session of 2018—in which among other things, 
the demands-for-grants from various ministries were to be scru(nised—was one of the least produc(ve in 
recent memory. In March, Lok Sabha speaker Sumitra Mahajan used her powers to “guillo(ne” the debate 
about the Finance Bill and Appropria(on Bill in light of “disrup(ons” from opposi(on par(es. Guillo(ne is 
the process by which all outstanding demands by various ministries are put to vote in quick succession by 
the speaker, aXer the allobed (me of debate is over.  
A key role of the speaker is to determine which bills will be discussed and voted on in the house. There are 
usually ins(tu(onal checks in the passage of a bill, where the upper house—whose members are not 
popularly elected—must also vote on it before it is passed. The only bills which the Rajya Sabha cannot vote 
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on, however, are “money bills.” The cons(tu(on states that money bills are only those that have provisions 
rela(ng to taxes and expenditures from the consolidated fund of India. However, this can be sidestepped if 
the speaker declares that certain bills are money bills.  
The Aadhaar (Targeted Delivery of Financial and Other subsidies, Bene?ts And Services) Act, 2016, for 
instance, has provisions related to data protec(on, privacy and powers of the authority, among others, not 
all of which relate directly to subsidies or payment of bene?ts. While the Supreme Court in the Aadhar 
verdict jus(?ed the passage of the Aadhaar Bill as a money bill in the Parliament but noted that the decision 
of the Speaker to classify a bill as money bill as per the provisions of Ar(cle 110 is open to judicial review. 
The Speaker’s decision may now be scru(nised under Ar(cle 110 to examine whether the bill actually 
covers the issue of receipt and spending of money.  
Deputy Speaker: 
Deputy Speaker is also elected by the Lok Sabha itself from amongst its members. He is elected aXer the 
elec(on of the Speaker has taken place. The date of elec(on of the Deputy Speaker is ?xed by the Speaker. 
Whenever the o?ce of the Deputy Speaker falls vacant, the Lok Sabha elects another member to ?ll the 
vacancy. 
Like the Speaker, the Deputy Speaker remains in o?ce usually during the life of the Lok Sabha. However, he 
may vacate his o?ce earlier in any of the following three cases: 
1. if he ceases to be a member of the Lok Sabha; 
2. if he resigns by wri(ng to the Speaker; and 
3. if he is removed by a resolu(on passed by an e?ec(ve majority of all the members of the Lok Sabha. 
Such a resolu(on can be moved only aXer giving 14 days’ advance no(ce. The Deputy Speaker performs the 
du(es of the Speaker’s o?ce when it is vacant. He also acts as  the Speaker when the laber is absent from 
the siYng of the House. In both the cases, he assumes all the powers of the Speaker. He also presides over  
the joint siYng of both the Houses of Parliament, in case the Speaker is absent from such a siYng.  It 
should be noted here that the Deputy Speaker is not subordinate to the Speaker. He is directly  responsible 
to the House. 
The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a  
parliamentary commibee, he automa(cally becomes its chairman.Like the Speaker, the Deputy Speaker, 
while presiding over the House, cannot vote in the ?rst  instance; he can only exercise a cas(ng vote in the 
case of a (e. Further, when a resolu(on for the removal of the Deputy Speaker is under considera(on of the 
House, he cannot preside at the siYng of the House, though he may be present.  
Upto the 10th Lok Sabha, both the Speaker and the Deputy Speaker were usually from the ruling party. 
Since the 11th Lok Sabha, there has been a consensus that the Speaker comes from the ruling party (or 
ruling alliance) and the post of Deputy Speaker goes to the main opposi(on party. The Speaker and the 
Deputy Speaker, while assuming their o?ces, do not make and subscribe any separate oath or a?rma(on.  
Panel of Chairpersons: 
Under the Rules of Lok Sabha, the Speaker nominates from amongst the members a panel of not more than 
ten chairpersons. Any of them can preside over the House in the absence of the Speaker or the Deputy 
Speaker. He has the same powers as the Speaker when so presiding. He holds o?ce un(l a new panel of 
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chairpersons is nominated. When a member of the panel of chairpersons is also not present, any other 
person as determined by House acts as the Speaker. 
It must be emphasised here that a member of the panel of chairpersons cannot preside over the House, 
when the o?ce of the Speaker or the Deputy Speaker is vacant. During such (me, the Speaker’s du(es are 
to be performed by such member of the House as the President may appoint for the purpose. The elec(ons 
are held, as soon as possible, to ?ll the vacant posts.  
Pro-tem Speaker: 
Pro-tem speaker is the temporary speaker who presides over the ?rst mee(ng of lower House of Parliament 
aXer the general elec(ons besides presiding over the siYng in which the Speaker and Deputy Speaker are 
elected if it is a newly cons(tuted House. Pro-tem is a La(n phrase which translates to 'for the (me being' 
in English and so the pro-tem speaker is a temporary speaker appointed for a limited period of (me to 
conduct the works in Lok Sabha or in state legislatures. 
Pro-tem speaker is chosen for the conduct of the house when the Lok Sabha and legisla(ve assemblies have 
been elected and the vote for the speaker and deputy speaker has not taken place. A pro-tem speaker is 
chosen with the agreement of the members of the Lok Sabha and legisla(ve assembly. Usually, the senior-
most member of the house is selected for the post, who then carries on the ac(vi(es un(l the permanent 
speaker is chosen. 
The main duty of the pro-tem speaker is to administer the oath of o?ce to new members of the house. He 
also enables the House to elect the new speaker. Once the new speaker is elected, the o?ce of the pro-tem 
speaker ceases to exist. He also administers the ?oor test. 
Rajya Sabha  
Chairman: 
The presiding o?cer of the Rajya Sabha is known as the Chairman. The vice-president of India is the ex-
o?cio Chairman of the Rajya Sabha. During any period when the Vice-President acts as President or 
discharges the func(ons of the President, he does not perform the du(es of the o?ce of the Chairman of 
Rajya Sabha. 
The Chairman of the Rajya Sabha can be removed from his o?ce only if he is removed from the o?ce of the 
Vice-President. As a presiding o?cer, the powers and func(ons of the Chairman in the Rajya Sabha are 
similar to those of the Speaker in the Lok Sabha. However, the Speaker has two special powers which are 
not enjoyed by the Chairman: 
1. The Speaker decides whether a bill is a money bill or not and his decision on this ques(on is ?nal. 
2. The Speaker presides over a joint siYng of two Houses of Parliament. 
Unlike the Speaker (who is a member of the House), the Chairman is not a member of the House. But like 
the Speaker, the Chairman also cannot vote in the ?rst instance. He too can cast a vote in the case of an 
equality of votes. The Vice-President cannot preside over a siYng of the Rajya Sabha as its Chairman when 
a resolu(on for his removal is under considera(on. However, he can be present and speak in the House and 
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