What are the powers of the Speaker
- As the 18th Lok Sabha prepares to meet, key allies in the National Democratic Alliance (NDA), are said to be jockeying for the post of Speaker.
- After a pro tem or temporary Speaker administers the oath to new members, the Speaker is chosen to be the Presiding Officer of the House.
Constitutional mandate
- The Constitution of India provides for the offices of the Speaker and Deputy Speaker who, according to Article 93, are to be elected after the commencement of the House.
- There are no specific qualifications for becoming Speaker, which means any member is entitled to be considered.
- The salary of the Speaker is drawn from the Consolidated Fund of India unlike for other MPs, which flow from a statute voted on by the House itself.
Powers of the Speaker
- The conduct of government business is decided by the Speaker in consultation with the Leader of the House.
- Prior permission of the Speaker is required for members to ask a question, or to discuss any matter
- There are Rules and Procedure for the functioning of the House, but the Speaker has vast powers in ensuring these Rules are followed.
- This makes the impartiality of the Speaker a crucial check and balance for the Opposition to have its say in the House.
- The Speaker decides the admissibility of a question raised by a member, as well as how the proceedings of the House are published.
- The Speaker has the power to expunge, in full or in part, remarks that she may consider to be unparliamentary.
- If the Speaker is of the opinion that is “unnecessarily claimed”, can simply ask the members who are for ‘Aye’ and those for ‘No’ respectively.
- One of the most important times when a Speaker’s impartiality impacts the Opposition is when a motion of no-confidence is moved against the government.
- Although it is rare that a Speaker is required to give her casting vote, in case of tie of votes.
Disqualification of members
- For the Opposition, the realities of the power of the Speaker under the Tenth Schedule of the Constitution are perhaps more significant than how the House is conducted.
- The Tenth Schedule or the anti-defection law, gives the Speaker of the House the power to disqualify legislators who ‘defect’ from a party.
- In the landmark case Kihoto Hollohan versus Zachillhu in 1992, the Supreme Court upheld the power vested in the Speaker and said that only the final order of the Speaker will be subject to judicial review.
- In 2020, the Supreme Court had ruled that Speakers of Assemblies and Lok Sabha must decide disqualification pleas within three months except in extraordinary circumstances.