“SPEAKER AND ITS POWERS: A JUDICIAL BIRDS EYE VIEW”

FINAL DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE

‘CONSTITUTIONAL LAW-II’ FOR OBTAINING THE DEGREE B.A.,LL.B(Hons.)
DURING THE ACADEMIC YEAR 2020-21.

SUBMITTED TO
Prof. (Dr.) ANIRUDH PRASAD
PROFESSOR OF LAW
SUBMITTED BY
SARVJEET KUMAR
ROLL NO: 1970
SEMESTER: 6th
COURSE: B.A.,LL.B(Hons)

CONSTITUTIONAL LAW-II

MARCH 2021

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

SESSION: 2018-23
 DECLARATION
I hereby declare that the project entitled “SPEAKER AND ITS POWERS: A JUDICIAL BIRDS
EYE VIEW” submitted by me at CHANAKYA NATIONAL LAW UNIVERSITY is a record
of bonafide project work carried out by me under the guidance of our mentor Prof. (Dr.)
ANIRUDH PRASAD. I further declare that the work reported in this project has not been
submitted and will not be submitted, either in part or in full, for the award of any other degree
or diploma in this university or in any other university.

-------------------------

SARVJEET KUMAR

ROLL NO- 1970

1|Page
 ACKNOWLEDGEMENT
It is a fact that any research work prepared, compiled, or formulated in isolation is inexplicable
to an extent. This research work, although prepared by me, is a culmination of the efforts of a
lot of people who remained in the veil, who gave their intense support and helped me in the
completion of this project.

Firstly, I am very grateful to my mentor Prof. (Dr.) Anirudh Prasad, without the kind support
and help of whom the completion of this project was a herculean task for me. He donated his
valuable time from his busy schedule to help me to complete this project. I would like to thank
him for his valuable suggestions towards the making of this project.

I am highly indebted to my parents and friends for their kind co-operation and encouragement
which helped me in the completion of this project. I am also thankful to the library staff of my
college which assisted me in acquiring the sources necessary for the compilation of my project.

Last but not the least, I would like to thank the Almighty who kept me mentally strong and in
good health to concentrate on my project and to complete it in time.

I thank all of them!

--------------------------

SARVJEET KUMAR

ROLL NO-1970

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 TABLE OF CONTENTS

1. INTRODUCTION.............................................................................................................. 4

1.1. AIMS & OBJECTIVE ............................................................................................... 5

1.2. HYPOTHESIS ............................................................................................................ 5

1.3. RESEARCH METHODOLOGY` ............................................................................. 5

1.4. SOURCES OF DATA................................................................................................. 5

1.5. RESEARCH QUESTION .......................................................................................... 6

1.6. LIMITATION OF STUDY ........................................................................................ 6

2. SPEAKER OF LOK SABHA ........................................................................................... 6

3. POWER OF THE SPEAKER......................................................................................... 12

4. SPEAKER’S ADMINISTRATIVE POWER AND OTHER ROLE

RESPONSIBILITIES. ..................................................................................................... 16

5. CONCLUSION AND SUGGESTIONS. ........................................................................ 18

BIBLIOGRAPHY .................................................................................................................. 20

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 INTRODUCTION

The Office of the Speaker owes its origin to the development of the institution in Britain. In
the early days, the Speaker’s role in the British Parliament was that of an agent to the Crown.
The Speaker served as an interface between Parliament and the Crown. The Speaker’s role got
redefined when the nature of Parliament changed from that of an appointed body to an elected
representative.1

Speaker Lenthall described the nature of his Office to King Charles II in 1642: “I have neither
eyes to see, nor tongue to speak in this place, but as the House is pleased to direct me, whose
servant I am here.”

The Office of the Speaker of Legislative Assembly is a constitutional one. Under Article 178
of the Indian Constitution every Legislative Assembly of a State shall, choose one of its
Members as Speaker.

The powers and duties of the Speaker have been laid down in the rules of the Legislative
Assembly and to some extent in the Constitution. The Speaker is the principal spokesman of
the House. He represents its collective voice and is its sole representative to the world.
Communications from the Governor to the House are made through the Speaker. Similarly,
communications to the Governor are made through the Speaker in the form of a formal address
after a motion has been made and carried by the House.2

As the representative of the House, the Speaker communicates the decisions of the House to
the authorities concerned, requiring them to comply with the terms of such decisions. Similarly,
he communicates to the House letters and documents addressed to him. He also issues warrants
to execute the orders of the House, where necessary.

The Speaker regulates the debates and proceedings of the House. He determines the order of
the Government and other Business in the House. He has the power to recognize parties and
groups in the House. The Speaker decides the admissibility of Questions as per the guiding

1
https://www.scconline.com/blog/post/2020/08/10/speaker-court-and-the-parliamentary-democracy-in-
india/.
2
https://aplegislature.org/web/legislative-assembly/the-speaker.

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principles laid down in the Rules. The Speaker decides on the admissibility of resolutions and
motions. The consent of the Speaker is necessary for the presentation of petitions to the House.3

It is the Speaker who determines what matters are ‘money' matters as these falls within the
exclusive jurisdiction of the Legislative Assembly. If the Speaker certifies a Bill as a Money
Bill, his decision is final. Under the Constitution, the Speaker exercises only a casting vote in
the case of equality of votes in any matter.

The Speaker holds the Office from the date of his election till immediately before the first
meeting of the Legislative Assembly after the dissolution of the one to which he was elected,
unless he ceases to be a member by any of the reasons specified in Article 179 of the Indian
Constitution.

AIMS & OBJECTIVE

The aim of the study is to investigate the ‘power and function of the speaker’.

The objectives of the study are:

• To know who is Speaker.
• To know the power and function of Speaker.
• To know how he is appointed and removed.

HYPOTHESIS

The Speaker is invested with immense powers to interpret the Rules of Procedure.

RESEARCH METHODOLOGY`

Taking into consideration the nature of the project topic, the researcher will be relying upon
the doctrinal method of research to complete the project.

SOURCES OF DATA

3
https://aplegislature.org/web/legislative-assembly/the-speaker

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The researcher is relying upon both, primary as well as secondary sources to complete the
project.

RESEARCH QUESTION

• What are the power and functions of speaker?

• What is the administrative role of speaker?
• How he is appointed and removed?

LIMITATION OF STUDY

Taking into consideration the present situation and due to limitation of time, the researcher is
relying only upon some limited resources.

SPEAKER OF LOK SABHA

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Prime Minister Nehru had said, “The Speaker represents the House. He represents the dignity
of the House the freedom of the House and because the House represents freedom and liberty.
Therefore, it is right that, that should be honoured position, a free position and should be
occupied always by men of outstanding ability and impartiality”.4

Speaker of the Lok Sabha

• The Lok Sabha, which is the highest legislative body in the country, chooses its Speaker
who presides over the day to day functioning of the House.
• Electing the Speaker of the House is one of the first acts of newly constituted House.
• The office of the Speaker is a Constitutional Office. The Speaker is guided by the
constitutional provisions and the Rules of Procedure and Conduct of Business in Lok
Sabha.
• The Speaker is placed very high in the Warrant of Precedence in the country i.e. at rank
6.
• Adequate Powers are vested in the office of the Speaker to help her/him in the smooth
conduct of parliamentary proceedings.
o The constitution provides that the Speaker’s salary and allowances are not to be voted
by the Parliament and are to be charged on the Consolidated Fund of India.
o In the Lok Sabha chamber, the Speaker’s chair is distinctively placed to enable a
commanding view of the entire House.
• The Speaker is assisted by the Secretary-General of the Lok Sabha and senior officers of
the Secretariat on parliamentary activities, practice and procedure.
• In the absence of the Speaker, the Deputy Speaker discharges the functions. A member
from the Panel of Chairmen presides over the House in the absence of both the Speaker
and the Deputy Speaker.5

Though the Constitution provides for the Speaker’s method of election, a healthy convention
has developed to elect the Speaker unanimously by the House. On the power of the Speaker,
the first Speaker of the Lok Sabha G. B. Mavalankar, aptly said that ‘in the whole setup of a
parliamentary democracy, the Speaker is the only autocrat, meaning thereby that his exercise
of authority requires no previous consultation of concurrence of anybody and the authority is

4
D. D. Basu, Commentary on the Constitution of India, Vol. 4, (8th Edition 2008).
5
https://www.drishtiias.com/loksabha-rajyasabha-discussions/in-depth-speaker-roles-and-responsibility.

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unchallengeable’.6 The statement of the first Speaker tacitly acknowledges the unfettered
power entrusted upon the Office. The plausible reason for unwritten power relates to the
extensive function assigned on the Speaker. It is imperative to say that the office-holder needs
to be highly cautious in exercising power. Any exercise of power that would have smacked of
suspicion must be rejected on account of the responsibility to preserve democracy entrusted on
the Speaker.7

Based on the constitutional provisions, Rules of Business of the House, and the Conventions,
the Speaker’s powers and functions can be divided into four broad categories which can be to:

a) run the business of the House,

b) administrative action,
c) quasi-judicial and
d) other functions.

The Speaker facilitates the business of the House, ensures equitable participation of every
stakeholder during the discussion, decides on the motions moved by the members, assists the
members to hold the executive accountable, plays the role of a disciplinarian by
suspending/terminating the member or ask them to withdraw from the House, adjourns the
House, expunges the unparliamentary statements and decides on the nature of the Bill. On the
administrative side, the Speaker heads the Lok Sabha Secretariat, exercises power over a
number of Parliamentary Committees such as the Rules Committee, the Business Advisory
Committee, and the General Purposes Committee, and nominates the chairman of various
committees in place. In the quasi-judicial role, the Speaker decides on the issue of defection of
the members from the political party which influences the composition of the House and the
formation/continuation of the government8. While deciding the defection matters, the
principles of natural justice will guide the exercise of power on the procedural aspect. On the
substantive aspect, the Speaker should be guided by the absence of arbitrariness and the
inherent characteristics of impartiality.9

6
H. Chand, Power of Speaker, Seminar on Constitutional Development since Independence, Indian Law
Institute, New Delhi (1973).
7
https://www.scconline.com/blog/post/2020/08/10/speaker-court-and-the-parliamentary-democracy-in-
india/.
8
Tenth Schedule, Constitution of India, 1950.
9
https://www.scconline.com/blog/post/2020/08/10/speaker-court-and-the-parliamentary-democracy-in-
india/.

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In addition to this, few other powers are vested in the Speaker which includes the power to
exercise a casting vote, to resolve a deadlock over a particular matter. That is, when the House
initiates a voting procedure, he does not cast a vote in the first instance but shall have and
exercise a casting vote in the case of an equality of votes. 10 Thus, it makes his position as
impartial as in the English system of democracy.

Method of Election of the Speaker:

After a new Lok Sabha is constituted, the Speaker and Deputy Speaker are elected by the House
in its first meeting. Normally they are elected unanimously. The leader of the majority party
proposes their names, after consulting the leaders of the opposition parties. The leader of the
opposition party seconds the names so proposed.

The election takes place only when there is disagreement between the majority party and the
opposition parties. In May 2009 Smt. Meira Kumar and Sh. Karia Munda got unanimously as
the Speaker and Deputy Speaker of the 15th Lok Sabha, respectively.11

• No specific qualifications are prescribed for being elected as the speaker.

o The constitution states that the Speaker must be a member of the House but an
understanding of the constitution and conventions of the Parliament is considered a
major asset.
• The House elects its presiding officer by a simple majority of members present, who vote
in the House.12
• Usually, a member belonging to the ruling party is elected Speaker.
o The process has evolved over the years where the ruling party nominates its candidate
after informal consultations with leaders of other parties and groups in the House.
o Once the decision on the candidate is taken, the name is normally proposed by the Prime
Minister or the Minister of Parliamentary Affairs.
o This convention ensures that once elected, the Speaker enjoys the respect of all sections
of the House.
• There are also instances when members not belonging to the ruling party were elected to
the office of the Speaker.

10
Article 100(1) of Constitution of India.
11
https://www.yourarticlelibrary.com/constitution/speaker-of-the-lok-sabha-functions-and-position-of-the-
speaker/40338
12
https://www.drishtiias.com/loksabha-rajyasabha-discussions/in-depth-speaker-roles-and-responsibility.

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 o GMC Balayogi and Manohar Joshi belonging to the TDP and the Shiv Sena respectively
served as the Speaker in the 12th and 13th Lok Sabha during the NDA coalition headed
by the BJP.
• After the speaker is elected, the Prime Minister and the Leader of the Opposition (if there
in the House, otherwise, the leader of the largest party in the House in the opposition)
escort the Speaker to the Chair.
• When the Lok Sabha is dissolved, the Speaker remains in his office till the first meeting
of the new assembly when the new speaker is elected.13

Qualifications:

There are no formal qualifications for the office of the Speaker. Any sitting member of the Lok
Sabha can be elected as Speaker by the House. As such qualifications essential for the
membership of the Lok Sabha are also the essential qualifications for the office of the Speaker.

Tenure:

The tenure of the Speaker is equal to the tenure of Lok Sabha, i.e., 5 years. However, the
Speaker continues to be in office even after the dissolution of the Lok Sabha. He holds office
till the new Lok Sabha elects a new Speaker. The Speaker can resign his office at any time
before the completion of his full tenure.14

Method of Removal:

The Speaker ceases to hold office if he ceases to be a member of the House. He can also be
removed from office by the Lok Sabha by passing a resolution supported by majority of its
members. However, to initiate such a no-confidence move against the Speaker, a prior notice
of 14 days has to be given by the movers.15

• The Speaker’s term is coterminous with the term of the Lok Sabha i.e. 5 years.
• However, the constitution has given the Lower House authority to remove the Speaker if
needed. The House can remove the Speaker through a resolution passed by an effective
majority (more than 50% of the total strength of the house present and voting) as per
Articles 94 and 96 of the Indian Constitution.

13
https://www.drishtiias.com/loksabha-rajyasabha-discussions/in-depth-speaker-roles-and-responsibility.
14
Ibid.
15
https://www.yourarticlelibrary.com/constitution/speaker-of-the-lok-sabha-functions-and-position-of-the-
speaker/40338.

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 • The Speaker can also be removed on getting disqualified from being a Lok Sabha member
under sections 7 and 8 of the Representation of the People Act, 1951.16
• A speaker can also tender his resignation to a Deputy Speaker.
o Dr. Neelam Sanjiva Reddy is the only Speaker who resigned from the office.
o Dr. Reddy also has the distinction of being the only Speaker who was later elected as
the President of India.

16
https://www.drishtiias.com/loksabha-rajyasabha-discussions/in-depth-speaker-roles-and-responsibility.

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 POWER OF THE SPEAKER

As the principal spokesman of the House, the speaker represents its collective voice and is its
sole representation to the outside people. His position as the presiding officer of the House is
one of pivotal authority:

• He regulates the debates and proceedings of the House.

• He is charged with the maintenance of order in the House and is equipped with all
powers necessary for enforcing his decisions.
• He also works on points of order raised by members and his decision is final.

Various powers are conferred on the speaker in relation to asking questions to ministers.
Though the guiding principles regarding admissibility of questions are prescribed in the rules
and its interpretation is vested in the speaker. He has a general discretion in regard to the
admissibility of resolutions and motions also, similar to the one relating to the admissibility of
questions. He decides whether a motion expressing want of confidence in the Council of
Ministers is in order. The speaker has also the power to select amendments in relation to Bills
and motions, and can refuse to propose an amendment which in his opinion is trivial.17

It is the fundamental duty of the speaker to maintain an order in the house. He derives his
disciplinary powers from the rules, and the decisions taken by him in matters of discipline are
not to be challenged except on a substantive motion. He may direct any member guilty of
disorderly conduct to withdraw from the House, and name a member for suspension if the
member disregards the authority of the chair and persists in obstructing the proceedings of the
House. The speaker also has the power that he may also adjourn or suspend the business of the
House in case of grave disorder.18

To enable the speaker to deal with unexpected situations and regulate matters of detail, the
rules expressly vest “residuary powers” in him.

In fine, the Rules of Procedure and Conduct of Business in the state assemblies confer wide
discretionary powers on the speaker. The rules have been codified on the premise that the
speaker’s chair would be occupied by scrupulously dispassionate and impartial persons. The

17
https://www.scconline.com/blog/post/2020/08/10/speaker-court-and-the-parliamentary-democracy-in-
india/.
18
Ibid.

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speaker’s supreme authority inside the House is based on his absolute and unvarying
impartiality and all the powers vested in him are intended to enable him to ensure the smooth
functioning of the House. Therefore, in no case would it be justified for a speaker to use his
powers arbitrarily or in such a manner as to prevent the House from functioning.19

1. To preside over the meetings of the House:

The Speaker presides over the meetings of the Lok Sabha and conducts its proceedings. He
also presides over the joint sittings of the two Houses of the Parliament.

2. To maintain discipline in the Lok Sabha:

The Speaker maintains discipline in the House. If any member disrupts or tries to disrupt the
proceedings of the House, the Speaker can warn him or can ask him to leave the House. He can
suspend a member from the House whom he finds guilty of violating the discipline and
decorum.20

3. To fix the Agenda of the House:

The Speaker, in consultation with other members of the business committee of the House and
the Prime Minister, Fixes the agenda of the meetings of the House.

4. Permission to ask questions:

Each member of the House can put questions to the ministers; the permission of the Speaker is
required purpose.

5. To conduct the business of the House:

The Speaker conducts the business of the House. He allows the members to introduce the bills
or to move motions. He recognises the members on the floor of the House and gives them time
for speaking in the House. He fixes time limit for the debates in the House, puts matters to vote,
and announces the results. He can warn the members against the use of un-parliamentary
language and can order the same to be expunged from the records.21

6. Interpretation of Rules of Procedure:

19
https://www.scconline.com/blog/post/2020/08/10/speaker-court-and-the-parliamentary-democracy-in-
india/.
20
https://www.yourarticlelibrary.com/constitution/speaker-of-the-lok-sabha-functions-and-position-of-the-
speaker/40338.
21
Ibid.

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The business of the House is conducted according to definite and settled rules of procedure. In
case of any dispute regarding the rules of the House, the Speaker interprets and applies these
rules. The interpretation of rules made by the Speaker is final and cannot be challenged.

7. Power to adjourn the House:

The Speaker can adjourn the meetings of the House if the quorum of the House is not complete
or if the conducting the business of the House is not possible due to a disorderly behaviour of
its members.22

8. Decision about a Money Bill:

If a dispute arises over the question as to whether a bill is a Money Bill or not, the decision is
made by the Speaker. Such a decision is final and cannot be challenged inside or outside the
House.

9. To exercise a Casting Vote:

The Speaker does not participate in the debates and discussions of the House. He even does not
take part in the voting on bills. Although as a member he has the right to vote. In case of a tie
over any bill, he can exercise his casting vote.

10. Protection of the Privileges of the Members of the House:

The members of the House enjoy several privileges which are protected by the Speaker. All
cases of disputes relating to the privileges of the members are referred by the Speaker to the
committee on privileges. In accordance with the wishes of this committee, the Speaker then
decides these matters. The Speaker acts as the guardian of the privileges of the MPS and the
House.23

11. Role regarding the Committees of the House:

A major part of the business of the House is conducted by the committees of the House. The
Speaker plays an important role in the composition of the Committees. He is the ex-officio
Chairman of some of the important committees such as Business Advisory Committee,
Committee on Rules and few others.

22
https://www.yourarticlelibrary.com/constitution/speaker-of-the-lok-sabha-functions-and-position-of-the-
speaker/40338.
23
Ibid.

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He presides over the joint setting of the two houses. This privilege doesn’t belong to the
Chairman of the RS. If the Speaker is absent, it goes to the Dy. Speaker of the LS. If the Dy.
Speaker is absent, it goes to the Vice Chairman of the RS.24

The Speaker enjoys a special relationship with the Parliamentary Committees. All the Joint
Parliamentary Committees are appointed by the Speaker and they report to him directly.
Further, the Speaker nominates various members to these committees. If the Speaker himself
is a Member, he becomes the ex-officio Chairman.

The Office of the Speaker is retained till the 1st meeting of the next LS. All other Members
cease to be in office once the LS dissolves.

Special Role in Anti-Defection law. The Speaker has to accept the resignation of any Member
of the House. This is to ensure that the resignation is voluntary. This decision is final but is
open to Judicial Review.25

Position of the Speaker:

The Speaker of the Lok Sabha enjoys a position of great respect and dignity. He has the
supreme responsibility to conduct the proceedings of the House. He acts as the representative
of the House, and as its impartial chairman. His authority is supreme in the House and no one
can challenge his decisions and rulings. The office of the Speaker is of great dignity and
respect.26

24
Ibid.
25
https://www.yourarticlelibrary.com/constitution/speaker-of-the-lok-sabha-functions-and-position-of-the-
speaker/40338.
26
Ibid.

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 SPEAKER’S ADMINISTRATIVE POWER AND OTHER ROLE
RESPONSIBILITIES.

The Speaker has several administrative responsibilities. He has control over the Lok Sabha
Secretariat. He appoints the employees of the Secretariat, determines the service rules for them
and supervises their work. He has the responsibility for the upkeep of the records of the
proceedings of the House.

The Speaker is the head of the Lok Sabha Secretariat which functions according to his
remaining command and direction. The Speaker’s authority over the Secretariat workforce of
the House, its precincts and its safety arrangements are supreme. All strangers, site visitors and
press correspondents are subject to his decorum and orders and any breach of it may be
punished by exclusion from the precincts of the Parliament House or stoppage of admission
tickets to the galleries for precise or indefinite period, or in extra critical cases, handled as a
contempt or breach of privilege. No alternation or addition can be made inside the Parliament
House and no new structure may be erected within the Parliament Estate without the Speaker’s
permission.27

Speaker’s Administrative Role

• The Speaker is also the head of the Lok Sabha Secretariat.

• The Speaker's authority over the Secretariat staff of the House and its security
arrangements is supreme.
• No alteration or addition can be made in the Parliament House and no new structure
can be erected in the Parliament Estate without the Speaker’s permission.
• It is through the Speaker that the decisions of the House are communicated to
individuals and authorities outside the Parliament.
• Speaker decides the form and manner in which the proceedings of the House are
published.28

Other Roles and Responsibilities

27
https://www.yourarticlelibrary.com/constitution/speaker-of-the-lok-sabha-functions-and-position-of-the-
speaker/40338.
28
https://www.drishtiias.com/loksabha-rajyasabha-discussions/in-depth-speaker-roles-and-responsibility.

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 • Speaker’s approval is sought for the date on which the House will start before it is
convened by the President.
• The Speaker decides the form in which amendments may be moved to the Motion of
Thanks to the President’s address.
• With regard to moving amendments to a Bill, the permission of the Speaker is required.
• It depends solely on the Speaker to refer any question of privilege to the Committee of
Privileges for examination, investigation and report.
• When a decision of the House is to be ascertained on a motion made by a member, the
question is put by the Speaker before the House to obtain the decision.
• The Speaker makes obituary references in the House, formal references to important
national and international events and the valedictory address at the conclusion of every
Session of the Lok Sabha and also when the term of the House expires.29

Speaker and Inter-Parliamentary Relations

• S/he is the ex-officio President of the Indian Parliamentary Group. It was set up in 1949

and functions as the National Group of the Inter-Parliamentary Union and the main

branch of the Commonwealth Parliamentary Association.

o Inter-Parliamentary Union is an organization made up of national parliaments from

around the world.

o The Commonwealth Parliamentary Association (CPA) has been the voice of

parliamentary democracy across the Commonwealth for more than nine decades.

• In that capacity, members of various Indian Parliamentary Delegations going abroad are

nominated by him/her after consulting the chairman of the Rajya Sabha. Most often, the

Speaker leads such delegations.

• Besides, the Speaker is the Chairman of the Conference of Presiding Officers of

Legislative Bodies in India.30

29
https://www.drishtiias.com/loksabha-rajyasabha-discussions/in-depth-speaker-roles-and-responsibility.
30
Ibid.

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 CONCLUSION AND SUGGESTIONS.

The Office of the Speaker in India is a living and dynamic institution which deals with the
actual needs and problems of Parliament in the performance of its functions. The Speaker is
the constitutional and ceremonial head of the House. He/She is the principal spokesperson of
the House. It is in him/her that the responsibility of conducting the business of the House in a
manner befitting the place of the institution in a representative democracy is invested. The
founding fathers of our Constitution had recognised the importance of this Office in our
democratic set-up and it was this recognition that guided them in establishing this Office as
one of the prominent and dignified ones in the scheme of governance of the country. Pandit
Jawaharlal Nehru, one of the chief architects of India's freedom and a moving force behind its
Constitution, placed the Office of the Speaker in India in the proper context when he said:

The Speaker represents the House. He/She represents the dignity of the House, the freedom of
the House and because the House represents the nation, in a particular way, the Speaker
becomes a symbol of nation's freedom and liberty. Therefore, that should be an honoured
position, a free position and should be occupied always by persons of outstanding ability and
impartiality.

The Speaker is the head of the Lok Sabha Secretariat which functions under his/her ultimate
control and direction. The Speaker's authority over the Secretariat staff of the House, its
precincts and its security arrangements is supreme. All strangers, visitors and press
correspondents are subject to his/her discipline and orders and any breach of order may be
punished by means of exclusion from the precincts of the Parliament House or stoppage of
admission tickets to the galleries for definite or indefinite period, or in more serious cases, dealt
with as a contempt or breach of privilege. No alternation or addition can be made in the
Parliament House and no new structure can be erected in the Parliament Estate without the
Speaker's permission.

The Speaker has certain other functions to perform as the head of the Lok Sabha. He/She is the
ex officio President of the Indian Parliamentary Group (IPG), set up in 1949, which functions
as the National Group of the Inter-Parliamentary Union (IPU) and the Main Branch of the
Commonwealth Parliamentary Association (CPA). In that capacity, members of various Indian
Parliamentary Delegations going abroad are nominated by him/her after consulting the

18 | P a g e
Chairman of the Rajya Sabha. Most often, the Speaker leads such Delegations. Besides, he/she
is the Chairman of the Conference of Presiding Officers of Legislative Bodies in India.

In the Lok Sabha Chamber, the Speaker's Chair is distinctively placed and, from his/her seat,
he/she gets a commanding view of the entire House. Insofar as the proceedings are concerned,
he/she is guided by the provisions of the Constitution and the Rules of Procedure and Conduct
of Business in Lok Sabha. He/She also benefits from the Directions issued by his/her
predecessors which are compiled periodically. Besides, he/she is assisted by the Secretary-
General of the Lok Sabha and senior officers of the Secretariat on parliamentary activities and
on matters of practice and procedure. In the absence of the Speaker, the Deputy Speaker
discharges his/her functions. A member from the Panel of Chairmen presides over the House
in the absence of both the Speaker and the Deputy Speaker.

The Speaker has extensive functions to perform in matters administrative, judicial and
regulatory, falling under his/her domain. He/She enjoys vast authority under the Constitution
and the Rules, as well as inherently. As the conventional head of the Lok Sabha and as its
principal spokesman, the Speaker represents its collective voice. Of course, he/she is the
ultimate arbiter and interpreter of those provisions which relate to the functioning of the House.
His/Her decisions are final and binding and ordinarily cannot be questioned, challenged or
criticised.

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 BIBLIOGRAPHY

Websites:
• https://www.yourarticlelibrary.com/constitution/speaker-of-the-lok-sabha-functions-
and-position-of-the-speaker/40338.
• https://www.scconline.com/blog/post/2020/08/10/speaker-court-and-the-
parliamentary-democracy-in-india/
• https://www.bloombergquint.com/opinion/a-judicial-review-of-the-speakers-
certificate-on-the-aadhaar-bill
• https://aplegislature.org/web/legislative-assembly/the-speaker
• https://www.elections.in/government/speakers.html
• https://legaldesire.com/powers-of-speaker-of-state-legislature-in-india/
• https://www.legassembly.sk.ca/about/role-of-the-speaker/
• https://www.yourarticlelibrary.com/lok-sabha/the-powers-and-responsibilities-
attached-to-the-office-of-the-speaker-of-the-lok-sabha/5531
• https://www.civilsdaily.com/speaker-of-the-lok-sabha/

Articles:
• https://www.scconline.com/blog/post/2020/08/10/speaker-court-and-the-
parliamentary-democracy-in-india/
• https://speakerloksabha.nic.in/roleofthespeaker.asp
• https://aplegislature.org/web/legislative-assembly/the-speaker
• https://www.scconline.com/blog/post/tag/speaker/
• https://www.drishtiias.com/loksabha-rajyasabha-discussions/in-depth-speaker-roles-
and-responsibility
Book:
• V. N. Shukala’s Constitution of India EBC Publication 13th Ed.

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