Q. 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? (UPSC Prelims 2012)
Answer:
3 only
Notes: The correct answer is
[B] 3 only.The Speaker of the Lok Sabha occupies a pivotal position in the Indian Parliamentary system. The constitutional provisions governing this office are specific and designed to ensure the independence and impartiality of the Speaker.
- Tenure of the Speaker (Statement 1 is Incorrect): Unlike the Attorney General or a Governor, the Speaker does not hold office during the pleasure of the President. The Speaker is elected by the Lok Sabha from amongst its members. He/She generally remains in office during the life of the Lok Sabha. However, he/she can be removed only by a resolution passed by a majority of all the then members of the Lok Sabha (Effective Majority), not by the President's discretion.
- Membership Requirement (Statement 2 is Incorrect): The Constitution mandates that the Speaker must be a member of the Lok Sabha at the time of his/her election. If the Speaker ceases to be a member of the House, he/she must vacate the office immediately. This is different from the rules for Ministers, who can hold office for six months without being a member of either House.
- Resignation Process (Statement 3 is Correct): According to Article 94 of the Constitution, if the Speaker intends to resign, the letter of resignation must be addressed to the Deputy Speaker of the Lok Sabha. Conversely, the Deputy Speaker addresses their resignation to the Speaker.
Key Points about the Lok Sabha Speaker:
- Casting Vote: The Speaker does not vote in the first instance but exercises a casting vote in the case of an equality of votes (a tie).
- Money Bills: The Speaker has the final power to decide whether a bill is a Money Bill or not, and his/her decision cannot be challenged in a court of law.
- Joint Sitting: The Speaker presides over the joint sitting of both Houses of Parliament.
- Continuity: When the Lok Sabha is dissolved, the Speaker does not vacate his/her office immediately; he/she continues until immediately before the first meeting of the newly elected Lok Sabha.