Presiding Officers of State Legislature: Role and Powers of the Speaker of the Legislative Assembly

The Office of the Speaker of the Legislative Assembly is established under Article 178 of the Indian Constitution. 

• Each State’s Legislative Assembly shall elect one of its Members to be the Speaker. The Speaker is chosen from among the Legislative Assembly members.
• The powers and duties of the Speaker are codified in the rules of the Legislative Assembly and to some extent in the Constitution.
• The Speaker serves as the main spokesperson for the House, voicing its collective opinions. 
• Communications from the Governor to the House are transmitted through the Speaker. 

Speaker’s Office Duration and Vacancy Rules

According to Article 179, the Speaker retains their position from the date of election until the first meeting of the Legislative Assembly following the dissolution of the previous assembly, unless otherwise stipulated

• They cease to be a member of the house or;
• They resign by writing to the deputy speaker or
• A resolution to remove the Speaker can be passed by a majority of all current members of the Legislative Assembly. This type of majority is referred to as an ‘effective majority’. Such a resolution must be moved after providing a notice of 14 days.

This means that the speaker continues to hold the office even after the dissolution of the legislative assembly to which he/she was elected.

Speaker’s Role and Responsibilities in State Legislature

The Speaker has several powers and responsibilities to carry out

• Regulatory Functions:
  • Maintains the decorum/discipline and order in the house
  • Oversee the debates and proceedings of the House.
• Financial functions:
  • Determine which matters qualify as ‘money’ matters, given that these are exclusively under the jurisdiction of the Legislative Assembly. If the Speaker designates a Bill as a Money Bill, their decision is conclusive. 
• Disqualification of members:
  • Adjudicate on the disqualification of an assembly member based on defection as outlined in the Tenth Schedule. 
• Presidential functions:
  • Decides the order of Government and other business in the House. 
  • Rule on the admissibility of questions, motions, and resolutions according to the House rules. 
  • Adjourn the assembly or suspend a meeting if there is no quorum present. 
  • Appoint the chairperson of all assembly committees and oversee their operations. The Speaker chairs the Business Advisory Committee, the Rules Committee, and the General Purpose Committee. 
  • The Speaker may permit a ‘secret sitting’ of the House upon the request of the leader of the House. 
• Other functions:
  • The Speaker does not cast a vote initially. They only exercise a casting vote in instances of a tie on any matter. 
  • The Speaker serves as the ultimate interpreter of: 
• The provisions of the Constitution of India, 
• The procedural rules of the House, and 
• The legislative precedents relevant to the House in the Legislative Assembly. 

Deputy Speaker of Legislative Assembly

Article 178 also mentions the office of the Deputy Speaker. It mentions that the Legislative Assembly shall choose one of its members as Deputy Speaker. 

• Election date: The Speaker of the House determines the date for the election of the Deputy Speaker. 
• Process of election: The procedure of the election of the Deputy Speaker is the same as that of the Speaker, the Deputy Speaker is elected from among the members of the Legislative Assembly.
• Duties and powers: The Deputy Speaker performs the duties of the Speaker in their absence or if the Speaker’s office is vacant. When presiding over a Legislative Assembly session, the Deputy Speaker has the same authorities as the Speaker.
• Tenure: The Deputy Speaker holds office till the dissolution of the Legislative Assembly, unless they cease to be a member of the Legislative Assembly for any reasons specified in Article 179 of the Indian Constitution which includes-

• They resign by writing to the Speaker or
• If a resolution for their removal is passed by the house with an ‘effective majority’. Such a resolution can only be moved after giving a notice of 14 days.

It should be noted that the constitution does not provide for continuation of office of deputy speaker after the dissolution of legislative assembly.

Panel of Chairpersons in State Legislature

• Membership: The Speaker nominates persons, from amongst the members of the legislative assembly, to a panel of chairpersons. 
• Duties: Either the Speaker or the Deputy Speaker can lead the assembly when the other is unavailable. 
• It should be noted that members of this panel cannot preside over the legislative assembly in case both the offices of the speaker and the deputy speaker are vacant. In such cases, the Governor appoints a member of the legislative assembly to preside over its meetings.

Presiding officers in Legislative Council

The Chairman and the Deputy Chairman of the legislative councils have similar functions as performed by the Speaker and the Deputy speaker in relation to the legislative assembly. The process of their election and removal is also similar to that of speaker and deputy speaker. It should be noted that the The Chairman of the legislative council does not have the power to certify a bill as a money bill as it is an exclusive power of the speaker of assembly. 

The state legislature usually meets thrice in a year. Such meetings of the state legislature are called a session. The legislative proposals of the state government and other issues of public importance are deliberated upon during such sessions.The duration between two sessions of the state legislature cannot be more than six months. The article 174 talks about the Summoning, prorogation of the house or houses of state legislature.

• Summoning: The Governor has the power to summon a session of the state legislature. A session of the state legislature consists of numerous sittings.
• Adjournment: The presiding officer of the House suspends the sitting of the house for a specified time that may be hours, days or weeks. If the meeting is postponed for an indefinite time without stating a fixed time for the next sitting, it is called Adjournment sine die.
• Prorogation: The Governor has the power to prorogue a session of the state legislature. The order of prorogation is usually issued after the house is adjourned sine die. Prorogation ends both the session and sittings of the House, whereas adjournment merely delays a sitting.
• Recess: The time period between the date of Prorogation and the date of Reassembly of the Houses is called Recess.
• Dissolution: The Legislative Council is a permanent body; hence, the term ‘dissolution’ pertains only to the Legislative Assembly.
  • Legislative assembly gets dissolved at the completion of the term of 5 years from the date of its first meeting.
  • The legislative assembly can also be dissolved earlier by the Governor on the recommendation of the council of ministers headed by the CM.

Status of Bills after Dissolution of State Legislative Assembly

• Any bill pending in the legislative assembly lapses. This includes
  • A bill pending in the Legislative assembly which originated in assembly or was transferred from the council.
  • A bill passed by the Legislative assembly but pending in the Council
• The bill does not lapse when-
  • It originated and is pending in the Legislative Council.
  • It is awaiting assent of the Governor or the President after being passed by both the Houses
  • It has been returned for reconsideration by the Governor or the President after being passed by both the Houses.

Quorum and the Role of Presiding Officers of State Legislature

It refers to a minimum number of legislators required to be present in the house to conduct the proceedings and hold the sitting of the house.

• It requires at least ten members or one-tenth of the total number of members of the House, whichever is higher to hold the sitting of the house.

The presiding officer can adjourn or suspend the meeting until a quorum is present.