Questions
Analyze the constitutional provisions defining the powers of the Presiding Officer in maintaining order and decorum in the house, and assess the role of these powers in upholding parliamentary etiquette and democratic principles.
Examine the linkage between the Presiding Officer’s role in the legislative process and the principles of impartiality and fairness, evaluating how these constitutional functions contribute to a balanced and transparent decision-making process.
Assess the constitutional provisions related to the Presiding Officer’s casting vote in case of a tie, and analyze the implications of this power on legislative outcomes and the principles of democratic representation.
Examine the role of the Presiding Officer in parliamentary committees and their engagement with legislative processes, assessing how this constitutional function contributes to in-depth scrutiny of legislation and policymaking.
Analyze the constitutional provisions related to the removal of the Presiding Officer and assess the checks and balances in place to prevent arbitrary use of this power, considering recent debates on parliamentary conduct and ethics.
Types
Lok Sabha
- Speaker and Deputy Speaker elected by house
- panel of chairmen: 10 members chosen by speaker
- Proviso 294: speaker shall continue to hold office till first sitting of newly elected LS
Removal of Speaker and Deputy Speaker
- S and DS: resolution passed by house with maj of then membership. 14day notice
- Speaker won’t have casting votes when notice period
Rajya Sabha
- Chairman (VP in ex officio capacity)
- Deputy Chairman chosen by vote
- panel of chairmen: 6 members
Removal of Chairman and Deputy Chairman
- no separate procedure for Chairman. Follow VP procedure
- pass a resolution by effective maj of house, approved by LS (Simple Majority)
- chairman can partake in removal proceedings, but no vote
- DC removed upon resolution passed by house (Effective Majority)
- both cases, 14 day notice
- C submits resignation to Prez
- DC submits resignation to C
Protem Speaker
- seniormost member of newly elected LS
- preside for administering oaths to newly elected members and oversee elections to new speaker
Functions and Responsibilities
- Disqualification under Anti Defection Law
- maintaining decorum
- disciplinary action against indisciplined members
- final interpreter of laws, rules, regulations and constitution inside the house
- adjourn the house
- decide time to be allocated to members to speak
- acceptance or rejection of various motions
- casting vote when tie
- chairs:
- Business Advisory Committee
- General Purpose Committee
- Rules Commission
Special powers of LS Speaker
- Presides over joint sitting of Parl (when called by President)
- decides whether bill is money bill or not
Concerns over neutrality
- biased attitude in acc/rej of motions
- esp. when moved by opposition
- often biased in Anti Defection Law decisions
- differential standards of disciplinary action depending upon pol party
- helps ruling party by declaring certain bills as money bills to circumvent RS scrutiny