Previous Year Question
Regarding the office of the Lok Sabha Speaker, consider the following statements:
He/She holds the office during the pleasure of the President.
He/She need not be a Member of the House at the time of his/her election but has to become a Member of the House within six months from the date of his/her election.
If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker.
Which of the statements given above is/are correct?
1 and 2 only
3 only
1, 2 and 3
None
Correct Answer: B
Detailed Solution
Statement 1 is incorrect. The Speaker does not hold office during the pleasure of the President. The tenure and circumstances in which the office becomes vacant are governed by Article 94.
The office becomes vacant when:
The Speaker ceases to be a member of the Lok Sabha.
The Speaker resigns in writing to the Deputy Speaker.
The Lok Sabha removes the Speaker through a resolution passed by a majority of all the then members of the House.
Statement 2 is incorrect. Under Article 93, the Lok Sabha chooses two of its members as the Speaker and the Deputy Speaker. Therefore, a person must already be a member of the Lok Sabha when elected Speaker.
The rule permitting a person to become a member of Parliament within six months applies to Ministers under Article 75(5), not to the Speaker.
Statement 3 is correct. Under Article 94(b), the Speaker submits a resignation addressed to the Deputy Speaker. Similarly, the Deputy Speaker submits a resignation addressed to the Speaker.
Removal of the Speaker
The Speaker may be removed by a resolution passed by a majority of all the then members of the Lok Sabha.
At least 14 days’ notice is required before moving such a resolution.
While a resolution for removal is under consideration, the Speaker cannot preside over the sitting.
Under Article 96(2), the Speaker may attend, speak and vote in the first instance during such proceedings, but cannot exercise a casting vote in the event of equality of votes.
Position after dissolution of the Lok Sabha
Ordinarily, the office of the Speaker becomes vacant when the person ceases to be a member. However, to ensure parliamentary continuity, the proviso to Article 94 permits the Speaker to continue after dissolution until immediately before the first meeting of the newly constituted Lok Sabha.
Principal powers of the Speaker
Presiding over Lok Sabha sittings and maintaining order in the House.
Taking the final decision on whether a Bill is a Money Bill.
Exercising a casting vote in the event of equality of votes.
Presiding over a joint sitting of Parliament.
Interpreting the rules of the House and deciding points of order.
Deciding disqualification matters under the Tenth Schedule.
Appointing Chairpersons of several parliamentary committees and supervising their work.