Speaker of the Lok Sabha

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Why in News?

The Lok Sabha is set to debate a resolution seeking the removal of Speaker Om Birla.

Description:

1.    Constitutional Framework:

ArticleProvision
Art. 93Election of Speaker & Deputy Speaker
Art. 94Vacation, Resignation, and Removal
Art. 95Deputy Speaker (or others) to perform duties when the office is vacant
Art. 96Speaker/Deputy Speaker not to preside during their removal resolution

2.   Appointment & Election:

  • Method: Elected by the Lok Sabha from amongst its members by a Simple Majority.
  • Election Date: Fixed by the President.
  • Presiding Authority: The Speaker Pro-tem (appointed by the President) presides over the sitting where the Speaker is elected.
  • Oath: The Speaker does not take a separate oath as Speaker; they take an oath only as a Member of Parliament (MP).

3.   Tenure & Continuity:

  • Normal Tenure: Coterminous with the Lok Sabha (usually 5 years).
  • Post-Dissolution: The Speaker does not vacate office upon dissolution. They continue until immediately before the first sitting of the newly elected Lok Sabha.

4.   Removal Procedure (Article 94):

  • Method: Resolution passed by an Effective Majority (i.e., a majority of all the then members of the House).
  • Notice: Requires at least 14 days’ prior notice.
  • During the Debate:
    • The Speaker cannot preside but has the right to speak and take part in proceedings.
    • Voting: Can vote in the first instance (as a regular member) but cannot exercise a casting vote in case of a tie.

5.   Resignation & Vacation:

  • Resignation: Handed to the Deputy Speaker (and vice-versa).
  • Vacation: Occurs if they cease to be a member of the Lok Sabha.

6.   Institutional Powers & Features:

  • Casting Vote: Exercises a casting vote only to resolve a tie (under normal circumstances).
  • Money Bills: Final authority to certify whether a bill is a Money Bill (Art. 110).
  • Anti-Defection: Decides on disqualification of members under the 10th Schedule (Judicial review applies).
  • Precedence: Ranks 7th in the Table of Precedence (along with the Chief Justice of India).

Source: (The Indian Express, The Hindu, Live Mint)

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