Election of Speaker

The Speaker is chosen by the members of the Lok Sabha from among themselves. 

• This indicates that the Speaker must already be a member of the Lok Sabha when elected. 
• The President determines the date for the Speaker’s election. 
• If the Speaker of the Lok Sabha is no longer a member, the position of Speaker becomes vacant.

Resignation of the Speaker of the Lok Sabha

The Speaker can submit their resignation by addressing it to the Deputy Speaker.

Removal of the Speaker of the Lok Sabha

• The Speaker can be removed through a resolution passed by the Lok Sabha with a majority of the current members. 
• This type of majority is commonly referred to as ‘effective majority.’ 
• Prior notice of 14 days is required before introducing such a resolution to the Speaker. 
• Support from at least 50 members is necessary for the removal resolution. 
• The Speaker cannot oversee the Lok Sabha during the discussion of this resolution.
• While the Speaker does not have the authority for a casting vote, they are permitted to vote in the first instance when evaluating this resolution.

Continuation of Office

• The Speaker holds office from the date of his/her election till immediately before the first meeting of the newly elected Lok Sabha. 
• So, the Speaker continues to hold the office even after dissolution of the Lok Sabha to which he/she was elected. 
• This implies that the Speaker’s term does not coincide with the term of the Lok Sabha.

Powers and Functions of Speaker

• Sources of power: 

• • The Constitution of India
  • Rules of Procedure of Lok Sabha
  • Rules related to the Conduct of business of Lok Sabha
  • Parliamentary conventions
• Maintaining Order and decorum in the house: 
  • It is the primary responsibility of the Speaker to maintain order and decorum in the House for conduct of its business. 
  • The Speaker also has the authority to manage the proceedings of the Lok Sabha. 
  • Using these powers, the speaker can suspend member/s of the Lok Sabha for their unruly behaviour.
• Speaker as a final Interpreter: The Speaker serves as the ultimate interpreter regarding: 
  • the Constitution of India, 
  • the Rules of Procedure and Conduct of Business of Lok Sabha, and 
  • the parliamentary precedents, within the Lok Sabha. 
• Adjournment power:
  • The Speaker has the power to adjourn or suspend a meeting of Lok Sabha in absence of a quorum. 
  • A Quorum is defined as the minimum number of members required to be present for a meeting to take place. For a meeting of either house of Parliament, the quorum is set at 10% of its total strength, meaning the quorum for the Lok Sabha is 55 members.
• Casting Vote: Speaker does not vote in the first instance. However, in the event of a tie, the Speaker can cast a deciding vote.
• Joint Sitting: Speaker presides over a joint setting of the two Houses of Parliament.
• Secret Sitting: The Speaker can allow a secret sitting of the House at the request of the Leader of the House. 
• Custodian of rights and privileges: As the custodian of the rights and privileges, the Speaker safeguards the rights and privileges of Lok Sabha members.
• Money bill: Regarding money bills, the Speaker holds the final authority to determine whether a particular bill qualifies as a money bill. The Speaker’s decision on this matter is conclusive. . 
• Disqualification of Members: The Speaker has the final authority to decide on the question of disqualification of a member of Lok Sabha under the Anti-defection law. However, the Supreme Court in Kihoto Hollohan case 1992 ruled that a decision of the speaker in disqualification matters related to anti-defection law is subject to judicial review. 
• Acceptance of Resignation: The speaker accepts resignation of members of the Lok Sabha and decides on genuineness of such  resignations.
• Ex-officio chairman: The Speaker is ex-officio chairman of the Indian Parliamentary Group (link between Indian Parliament and various parliaments of the world) and the conference of presiding officers of legislative bodies in the country.
• Appointment authority: In terms of appointments, the Speaker designates the chairpersons for all parliamentary committees of the Lok Sabha. 
• The Speaker also functions as the Chairman of certain committees within the Lok Sabha- 
  • the Business Advisory Committee, 
  • the Rules Committee and 
  • the General-Purpose Committee.

Impartiality and Independence of the Speaker in India’s Parliamentary Democracy

A thriving democracy cannot exist without a representative and effective legislature. Our constitutional founders regarded the role of the Speaker as crucial for the operation of parliamentary democracy. They believed that while members represent their individual constituencies, the Speaker embodies the house as a whole. 

The establishment of the Speaker’s role in India traces back to 1921, when the Central Legislative Assembly was formed under the Montague-Chelmsford Reforms.

Comparing the Office of the Speaker