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The Speaker of Lok Sabha: Roles, Powers and Constitutional Provisions Explained
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The Speaker of Lok Sabha: Roles, Powers, and Constitutional Provisions
In the democratic architecture of India, the Speaker of the Lok Sabha (the House of the People) occupies a pivotal position. The office of the Speaker is not merely a presiding role but is the symbol of the dignity, autonomy, and collective voice of the lower house of Parliament.
As India’s first Prime Minister, Jawaharlal Nehru, famously remarked:
"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 the symbol of the nation’s freedom and liberty."
This comprehensive study guide details the historical evolution, constitutional provisions, powers, roles, judicial precedents, and contemporary challenges associated with the Office of the Speaker of the Lok Sabha.
1. Historical Evolution of the Office
The institution of the Speaker in India is a direct legacy of the British parliamentary system, adapted and modified to suit Indian constitutional demands.
[ Government of India Act, 1919 ]
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[ 1921: President of Central Legislative Assembly ]
(Sir Frederick Whyte - First Appointed)
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[ 1925: First Elected Indian President (Vithalbhai Patel) ]
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[ 1947: G.V. Mavalankar becomes Speaker of Constituent Assembly ]
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[ 1952: Modern Office of the Speaker ]
Pre-Independence Era
- Government of India Act, 1919 (Montagu-Chelmsford Reforms): The concept of a presiding officer called the "President" was introduced.
- 1921: Sir Frederick Whyte was appointed by the Governor-General as the first President of the Central Legislative Assembly.
- 1925 (The Watershed Moment): Vithalbhai J. Patel became the first Indian to be elected as the President of the Central Legislative Assembly. His tenure is marked by fierce battles with the colonial executive to establish the independence and financial autonomy of the Assembly’s secretariat.
- Government of India Act, 1935: The nomenclature was formally changed from "President" to "Speaker" and "Deputy Speaker," though this part of the Act was never fully implemented at the federal level due to the onset of World War II.
Post-Independence Era
- 1947: Ganesh Vasudev Mavalankar was elected as the Speaker of the Constituent Assembly (Legislative) and subsequently became the first Speaker of the Lok Sabha in 1952. Mavalankar is widely revered as the "Father of the Lok Sabha" for establishing robust parliamentary procedures, committees, and conventions.
2. Constitutional Provisions: The Article Map
The Constitution of India dedicates several articles to outline the election, tenure, removal, and powers of the Speaker.
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│ CONSTITUTIONAL ARTICLES ON THE SPEAKER │
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[ Article 93 ] [ Article 94 ] [ Article 95 ]
Election of Speaker & Vacation, Resignation, Power of Deputy Speaker/
Deputy Speaker & Removal from Office others to act as Speaker
│ │ │
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[ Article 96 ] [ Article 97 ] [ Article 100 ]
Presiding officer during Salaries & Allowances of Casting Vote of the
own removal resolution Presiding Officers Presiding Officer (No vote
in first instance)
│ │ │
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[ Article 108 ] [ Article 110 ] [ Article 122 ]
Presides over Joint Certifies Money Bills Parliamentary proceedings
Sittings of Parliament (Decision is final) immune from judicial review
Key Article Breakdown
- Article 93: Mandates that the House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker.
- Article 94: Outlines the conditions under which the Speaker vacates office, resigns (by writing to the Deputy Speaker), or is removed. Importantly, it contains a proviso: whenever the Lok Sabha is dissolved, the Speaker shall not vacate their office until immediately before the first meeting of the Lok Sabha after the dissolution.
- Article 95: Directs that when the office of Speaker is vacant, or during the absence of the Speaker, the duties of the office shall be performed by the Deputy Speaker, or if that office is also vacant, by a member of the Lok Sabha appointed by the President.
- Article 96: States that the Speaker cannot preside over the House while a resolution for their removal from office is under consideration. However, they have the right to speak, take part in proceedings, and vote in the first instance (but not in the case of an equality of votes).
- Article 97: Governs the salaries and allowances of the Speaker and Deputy Speaker, which are charged directly upon the Consolidated Fund of India and are not subject to the annual vote of Parliament.
- Article 100: Establishes that all questions at any sitting shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such. The Speaker shall not vote in the first instance but has and shall exercise a casting vote in the case of an equality of votes (deadlock).
- Article 108: Gives the Speaker the power to preside over a Joint Sitting of both houses of Parliament in case of a deadlock on an ordinary bill.
- Article 110(3) & 110(4): Directs that if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the Lok Sabha shall be final. Every Money Bill transmitted to the Rajya Sabha and presented to the President must bear the endorsement of the Speaker's certificate.
- Article 122: Restricts courts from inquiring into the validity of any proceedings in Parliament on the ground of any alleged irregularity of procedure.
3. Election, Tenure, and Removal
A. Election Process
- Date of Election: The election of the Speaker is held shortly after the first meeting of a newly elected Lok Sabha. The date of the election is fixed by the President of India.
- Method: The Speaker is elected from amongst the sitting members of the Lok Sabha by a simple majority of the members present and voting.
- Pro-tem Speaker: Before the Speaker is elected, the President appoints a senior member of the Lok Sabha as the Speaker Pro-tem (usually the longest-serving MP) to administer the oath of office to newly elected MPs and preside over the election of the permanent Speaker.
- Political Convention: Historically, the Speaker belonged to the ruling party (or ruling coalition). By convention, until recent decades, the post of Deputy Speaker was often offered to the main opposition party to ensure bipartisan equilibrium.
B. Tenure and Continuity
The Speaker’s tenure is tied to the life of the Lok Sabha (normally five years). However, the Speaker's office has a unique survival clause:
The Speaker continues in office even after the Lok Sabha is dissolved to ensure there is a continuous custodian of the house's property, records, and administrative machinery. They vacate office only immediately before the first assembly of the newly elected Lok Sabha.
C. Removal Procedure
The process of removing a Speaker is rigid, ensuring security of tenure and protecting the office from political intimidation.
[ Step 1: Minimum 14 Days' Notice ]
- Must be signed by at least 50 members of the Lok Sabha.
- Placed before the House for leave to move.
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[ Step 2: Leave Granted by the House ]
- If at least 50 members stand in support, the resolution is admitted.
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[ Step 3: Debate and Voting (Speaker cannot preside) ]
- Under Article 96, the Speaker sits on the member benches.
- Can participate, speak, and vote in the *first instance* (cannot cast a tie-breaking vote).
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[ Step 4: Resolution Passed by Effective Majority ]
- Must be passed by a majority of *all the then members* of the Lok Sabha.
Note on "Effective Majority": Under Article 94(c), the resolution must be passed by a majority of all the then members of the House. This is interpreted as the total membership of the House minus any vacancies (deaths, resignations, or disqualifications).
4. Roles, Powers, and Functions of the Speaker
The powers and responsibilities of the Speaker can be broadly categorized into four dimensions:
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│ FOUR DIMENSIONS OF SPEAKER'S POWER │
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[ Regulatory & ] [ Legislative & ] [ Quasi-Judicial ] [ Administrative & ]
[ Procedural ] [ Constitutional] [ Functions ] [ Representational ]
- Interprets Rules of Business - Certifies Money - Decides on defection - Heads LS Secretariat
- Decides on admissibility Bills (10th Schedule) - Appoints Committee Chairmen
- Controls debates/disruptions - Presides over - Acts as a Tribunal - Represents LS globally
- Can suspend unruly members Joint Sittings - Admits privilege motions - Handles Judges (Inquiry) Act
A. Regulatory and Procedural Powers
- Interpreter of Rules: The Speaker is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business in Lok Sabha, and parliamentary precedents within the House. No member can challenge this interpretation inside the House.
- Maintenance of Order: The primary duty of the Speaker is to maintain order and decorum. To achieve this, they have the power to:
- Adjourn the House or suspend a sitting in the absence of a quorum (which is of the total membership under Article 100(3)).
- Direct any member whose conduct is grossly disorderly to withdraw immediately.
- Name a member for suspension if they disregard the authority of the Chair or abuse the rules persistently.
- Points of Order: The Speaker decides whether a point of order raised by a member is valid.
B. Legislative and Constitutional Powers
- Certification of a Money Bill: The Speaker's decision on whether a bill is a Money Bill under Article 110 is final and cannot be questioned in either House of Parliament, by the President, or (theoretically) in a court of law.
- Presiding over Joint Sittings (Article 108): In the event of an irreconcilable disagreement between the Lok Sabha and the Rajya Sabha over an ordinary bill, the President summons a Joint Sitting. The Speaker of the Lok Sabha presides over this joint sitting. In their absence, the Deputy Speaker presides, followed by the Deputy Chairman of the Rajya Sabha. The Chairman of the Rajya Sabha (Vice President of India) never presides over a joint sitting.
- Casting Vote: To maintain neutrality, the Speaker does not vote in the first instance on any motion. However, if there is a tie, they exercise a casting vote to break the deadlock.
C. Quasi-Judicial Powers
- Disqualification under Tenth Schedule (Anti-Defection Law): Added by the Constitutional Amendment Act of 1985, the Tenth Schedule gives the Speaker the power to decide on questions of disqualification of members on the ground of defection.
- Privilege Motions: The Speaker is the custodian of parliamentary privileges. They decide whether to admit a question of privilege and can refer it to the Committee of Privileges for investigation.
- Judges (Inquiry) Act, 1968: The Speaker has the independent statutory authority to admit or reject a motion for the removal of a Supreme Court or High Court judge. Under Section 3(2) of the Act, if the motion is admitted, the Speaker constitutes a 3-member inquiry committee to investigate the charges of misbehavior or incapacity.
D. Administrative and Representational Powers
- Head of Secretariat: The Speaker is the supreme head of the Lok Sabha Secretariat and exercises ultimate control over its staff, security, and administration.
- Appointment of Chairmen: The Speaker appoints the Chairmen of all Parliamentary Committees of the Lok Sabha (e.g., Public Accounts Committee, Estimates Committee) and supervises their functioning.
- Ex-Officio Chairman: The Speaker acts as the ex-officio Chairman of key committees:
- Business Advisory Committee
- Rules Committee
- General Purposes Committee
- Representational Role: The Speaker represents the collective body of the Lok Sabha to the outside world, receives foreign parliamentary delegations, and leads Indian parliamentary delegations to international forums like the Inter-Parliamentary Union (IPU) and Commonwealth Parliamentary Association (CPA).
5. Ensuring Independence and Impartiality
To ensure that the Speaker can perform their duties fearlessly and without partisan bias, the Constitution incorporates several safeguards:
- Security of Tenure: The Speaker can only be removed by a resolution passed by a special majority (effective majority) of the Lok Sabha, not by a simple majority of members present and voting.
- Salaries Charged on the CFI: The salaries and allowances of the Speaker are not subject to the annual vote of Parliament. They are charged on the Consolidated Fund of India.
- Conduct Protected from Debate: The conduct of the Speaker in discharge of their duties cannot be discussed or criticized in the House, except on a substantive motion specifically moved for their removal.
- Exclusion from Jurisdiction (Article 122): The procedural decisions, rulings, and maintenance of order by the Speaker are protected from judicial scrutiny.
- Casting Vote: By restricting the Speaker's voting power to a tie-breaker, the Constitution prevents them from taking sides in daily legislative divisions.
- High Position in Table of Precedence: The Speaker is ranked 7th in the Indian Table of Precedence, sharing this rank with the Chief Justice of India. This places them higher than all Union Cabinet Ministers (except the Prime Minister and Deputy Prime Minister).
6. Judicial Interpretations and Landmark Cases
While Article 122 provides immunity to parliamentary proceedings, the Supreme Court of India has, through several landmark judgments, defined the limits of the Speaker’s powers, particularly regarding their quasi-judicial roles.
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│ LANDMARK SUPREME COURT RULINGS ON SPEAKER'S POWERS │
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[ Kihoto Hollohan ] [ Nabam Rebia ] [ Keisham M. Singh ]
(1992) (2016) (2020)
Speaker's Tenth Schedule Cannot decide defection Three-month timeline
decisions subject to if removal motion is suggested for defection;
judicial review. pending against Speaker. proposed independent tribunal.
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[ Subhash Desai ] [ Padi Kaushik Reddy ] [ X v. O/o Speaker ]
(2023) (2025/2026) (2026)
Split protection does Speaker acts as a Tribunal Reaffirmed independent
not apply to legislative under 10th Schedule, lacks powers under Judges
party without political Article 212 immunity, is Inquiry Act to form panels
party's consent. subject to SC directions. for judicial probe.
1. Kihoto Hollohan vs. Zachillhu (1992)
- Issue: Is the Speaker’s decision under the Tenth Schedule final and immune to judicial review?
- Ruling: The Supreme Court held that when the Speaker decides a dispute under the Tenth Schedule (Anti-Defection Law), they act as a quasi-judicial Tribunal. Therefore, their decisions are subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandate, or breach of natural justice. The Court upheld the validity of the Tenth Schedule but struck down Paragraph 7, which sought to exclude judicial review completely.
2. Nabam Rebia vs. Deputy Speaker (2016)
- Issue: Can a Speaker decide on a disqualification petition under the Tenth Schedule when a resolution for their own removal is pending?
- Ruling: The Supreme Court ruled that it would be constitutionally impermissible for a Speaker to adjudicate on disqualification petitions against MLAs/MPs if a notice of intention to move a resolution for the Speaker's own removal is pending. This is to prevent a Speaker from altering the strength of the House to survive a removal motion.
3. Keisham Meghachandra Singh vs. Hon’ble Speaker, Manipur Legislative Assembly (2020)
- Issue: How long can a Speaker sit on a disqualification petition?
- Ruling: The Supreme Court ruled that the Speaker must decide disqualification petitions within a reasonable time, which it defined as three months (absent exceptional circumstances). Crucially, the Court recommended that Parliament amend the Constitution to strip the Speaker of powers to decide defection cases and vest them in an independent permanent tribunal presided over by a retired Supreme Court judge or a retired High Court Chief Justice.
4. Subhash Desai vs. Principal Secretary, Governor of Maharashtra (2023)
- Issue: How do the concepts of "Legislative Party" and "Political Party" interact under the Tenth Schedule?
- Ruling: The Supreme Court clarified that the "Political Party" is supreme under the Tenth Schedule, not the "Legislative Party". The Speaker must recognize the whip and leader appointed by the political party, and a split within the legislative party is no longer a valid defense against defection unless a formal merger occurs.
5. Padi Kaushik Reddy vs. The State of Telangana (2025/2026)
- Issue: Can constitutional courts issue direct, time-bound orders to a Speaker regarding pending defection cases?
- Ruling: In this case involving the defection of BRS MLAs to the Congress, the Supreme Court re-asserted its authority over delayed anti-defection proceedings. The Court held that the Speaker, when acting as an adjudicating authority under the Tenth Schedule, acts as a Tribunal and therefore does not enjoy constitutional immunity under Article 122 or Article 212. Consequently, the Court can issue directions to the Speaker to conclude disqualification proceedings within a specified time limit under the threat of contempt of court.
6. X vs. Office of Speaker of the House of People & Ors. (January 2026)
- Issue: Can a High Court Judge challenge the unilateral decision of the Speaker to set up an inquiry committee under the Judges (Inquiry) Act, 1968, if the other House has rejected a similar motion?
- Ruling: The Supreme Court dismissed a petition by Justice Yashwant Varma, clarifying that the autonomy of each House is supreme. The rejection of a removal notice in one House does not incapacitate the Speaker of the other House from proceeding independently with an inquiry committee under Section 3(2) of the Act. The Court emphasized that parliamentary processes for judicial accountability must not be paralyzed by hyper-technical interpretations.
7. Comparative Perspective: India vs. United Kingdom
While the Indian Speaker’s office is modeled on Westminster, there are stark differences in convention, political neutrality, and structural safeguards.
| Dimension | Indian Speaker | United Kingdom (UK) Speaker |
|---|---|---|
| Party Affiliation | The Speaker does not formally resign from their political party. They remain a member of the party but are expected to behave neutrally. | The Speaker must formally resign from their political party upon election to the Chair. They cut all political ties. |
| Re-election to Parliament | The Speaker has to fight general elections on a party ticket, facing opponents from other political parties. | By convention, the Speaker's constituency seat is uncontested by major political parties ("The Speaker seeking re-election"). |
| Continuity of Office | "Once a Speaker, not necessarily always a Speaker." They can be replaced if political majorities change in the next Lok Sabha. | "Once a Speaker, always a Speaker." They continue in office across successive Parliaments until they choose to retire. |
| Post-retirement life | Often return to active party politics, contest executive offices, or accept appointments as Governors. | Elevated to the House of Lords as a crossbench peer, completely retiring from partisan politics. |
8. Contemporary Challenges and Criticisms
Despite the high constitutional stature of the office, the role of the Speaker in India has faced significant scrutiny:
A. Partisan Conduct and Bias
The primary criticism of the Indian Speaker is their failure to transition from a party politician to an impartial arbiter. Because they do not resign from their party, their decisions on managing disruptions, allocating speaking time, and admitting motions are often perceived as heavily biased in favor of the ruling government.
B. Misuse of Money Bill Certification
In recent years, governments have been accused of circumventing the Rajya Sabha (where they may lack a majority) by certifying contentious legislative bills as "Money Bills" under Article 110.
- Example: The Aadhaar Act, 2016 and various Finance Acts containing non-financial amendments were certified as Money Bills. This practice is currently under review by a Constitution Bench of the Supreme Court, raising questions about whether the Speaker’s "final" certification under Article 110(3) is subject to judicial review if it amounts to a fraud on the Constitution.
C. Deliberate Delays in Tenth Schedule Adjudication
Speakers have frequently used their discretionary powers to delay deciding on defection petitions for years, effectively allowing defected members to enjoy ministerial berths in the ruling party. Conversely, when the ruling party stands to lose, Speakers have acted with extraordinary speed to disqualify opposition members. This partisan use of the Tenth Schedule has led to frequent judicial interventions, as seen in Keisham Meghachandra Singh (2020) and Padi Kaushik Reddy (2025/2026).
D. Disproportionate Suspensions of Opposition MPs
The power to suspend MPs for disorderly conduct has been criticized as being weaponized. Mass suspensions of opposition MPs during crucial legislative sessions (e.g., when passing key bills) undermine the representative character of Parliament and weaken legislative scrutiny.
9. Recommendations for Reform
Various committees and commissions have suggested structural changes to restore the dignity and impartiality of the Speaker's office:
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│ KEY RECOMMENDATIONS FOR REFORM │
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[ Formal Party Resignation ] [ Independent Defection Tribunal ] [ Adopting UK Convention ]
- Speaker must resign from party - Transfer Tenth Schedule powers - Uncontested seat in
upon election (Page Committee, to an independent body chaired general elections to
NCRWC recommendation). by retired judges (SC suggestion).- ensure true security of tenure.
- Mandatory Resignation from Political Party: The Page Committee (1967) and the National Commission to Review the Working of the Constitution (NCRWC, 2002) recommended that the Speaker, immediately upon election, must formally resign from their political party.
- Transfer of Tenth Schedule Adjudication: To prevent conflict of interest, the power to decide on defection should be removed from the Speaker. It should be transferred to either:
- The Election Commission of India (as recommended by the Administrative Reforms Commission).
- A permanent, independent Judicial Tribunal (as suggested by the Supreme Court in the Keisham Meghachandra case).
- Adopting the British Convention: Political parties in India should build a consensus that the Speaker's seat will not be contested during general elections, ensuring their safe return to Parliament and fostering true non-partisanship.
10. Summary and Comparison: Lok Sabha Speaker vs. Rajya Sabha Chairman
To understand the unique status of the Speaker, it is helpful to compare their position with that of their counterpart in the upper house, the Chairman of the Rajya Sabha.
| Feature | Speaker of Lok Sabha | Chairman of Rajya Sabha |
|---|---|---|
| Membership of the House | Must be a member of the Lok Sabha. | Not a member of the Rajya Sabha (as the Vice President of India is the ex-officio Chairman). |
| Voting Rights | Can vote in the first instance on their own removal resolution (Article 96). Otherwise, only has a casting vote. | Cannot vote in the first instance on their removal resolution. Otherwise, only has a casting vote. |
| Money Bills | Has the sole authority to decide and certify whether a bill is a Money Bill. | Has no authority or role in certifying Money Bills. |
| Joint Sittings | Presides over a Joint Sitting of both Houses of Parliament (Article 108). | Cannot preside over a joint sitting, as they are not a member of either House. |
| Removal Process | Removed by a resolution of the Lok Sabha passed by an effective majority of its members. | Removed from office of Chairman only if they are removed from the office of Vice President (requires resolution by effective majority of RS, agreed to by simple majority of LS). |
11. Practice Questions & Interactive Learning
A. Multiple-Choice Questions (MCQs)
Q1. Consider the following statements regarding the Speaker of the Lok Sabha:
- The Speaker vacates their office immediately when the Lok Sabha is dissolved by the President of India.
- The Speaker’s salary is charged on the Consolidated Fund of India, which is not subject to the vote of Parliament.
- The date of the election of the Speaker is fixed by the Speaker Pro-tem.
Which of the statements given above is/are correct? A) 1 and 2 only
B) 2 only
C) 2 and 3 only
D) 1, 2, and 3
Answer: B
Explanation:
- Statement 1 is incorrect: Under Article 94, the Speaker does not vacate office upon dissolution; they continue until immediately before the first meeting of the new Lok Sabha.
- Statement 2 is correct: Under Article 97, the Speaker’s salary is charged on the Consolidated Fund of India, ensuring financial independence.
- Statement 3 is incorrect: The date of election of the Speaker is fixed by the President of India, not the Speaker Pro-tem.
Q2. Which of the following statements is/are correct regarding the Speaker’s position during a resolution for their removal?
- The Speaker cannot preside over the House.
- The Speaker does not have the right to speak or participate in the proceedings.
- The Speaker can vote in the first instance, but cannot exercise a casting vote in the case of a tie.
Select the correct answer using the codes below:
A) 1 and 2 only
B) 1 and 3 only
C) 3 only
D) 1, 2, and 3
Answer: B
Explanation: Under Article 96, when a removal resolution is pending, the Speaker cannot preside (Statement 1 is correct). However, they have the right to speak, take part in proceedings, and vote in the first instance (Statement 2 is incorrect). In case of a tie, they cannot exercise a casting vote because they are sitting as a regular member (Statement 3 is correct).
Q3. In which of the following cases did the Supreme Court hold that the Speaker acts as a 'Tribunal' while deciding defection cases, making their decisions subject to judicial review?
A) L. Chandra Kumar vs. Union of India
B) Kihoto Hollohan vs. Zachillhu
C) Nabam Rebia vs. Deputy Speaker
D) S.R. Bommai vs. Union of India
Answer: B
Explanation: In Kihoto Hollohan vs. Zachillhu (1992), the SC held that the Speaker’s decision under the Tenth Schedule is a quasi-judicial function and the Speaker acts as a Tribunal, making the decision open to judicial review.
B. Match the Following & Chronology
Match the Provisions with their Respective Articles:
| List I (Provisions) | List II (Articles) |
|---|---|
| A. Presiding over Joint Sittings | I. Article 100 |
| B. Certification of Money Bill | II. Article 108 |
| C. Casting Vote of Speaker | III. Article 94 |
| D. Vacation and Resignation of Speaker | IV. Article 110 |
Correct Matches:
- A II (Joint sitting is presided over by the Speaker under Article 108/Rules of Procedure).
- B IV (Money Bill definition and Speaker's certification under Article 110).
- C I (Voting in Houses and casting vote power under Article 100).
- D III (Vacation, resignation, and removal of Speaker under Article 94).
C. Scenario-Based Analytical Question
Scenario: A coalition government at the Center is facing a crisis because a group of 25 ruling party MPs have broken away to support the opposition. The opposition submits a notice for a No-Confidence Motion against the Prime Minister and simultaneously, 50 MPs submit a notice for a resolution to remove the Speaker under Article 94. The Speaker, fearing removal, immediately issues disqualification notices to the 25 breakaway MPs under the Tenth Schedule.
Critical Thinking Prompts:
- Based on constitutional law and the Nabam Rebia (2016) judgment, can the Speaker legally proceed with the disqualification of the 25 MPs while a notice for their own removal is pending?
- What are the constitutional options available to the House if the Speaker refuses to step down from the presiding chair during the debate on their removal resolution?
Model Answer / Analysis:
Application of the Nabam Rebia Precedent: According to the Supreme Court's ruling in Nabam Rebia vs. Deputy Speaker (2016), a Speaker cannot adjudicate on disqualification petitions under the Tenth Schedule if a valid notice for their own removal is pending. This rule prevents the Speaker from manipulating the voting composition of the House to save their own seat. Therefore, the Speaker's action of issuing disqualification notices to the 25 breakaway MPs in this scenario would be constitutionally invalid until the resolution for their own removal is disposed of by the House.
Conduct of the House under Article 96: If the Speaker refuses to step down from the chair during the removal resolution, it is a direct violation of Article 96(1), which explicitly mandates that the Speaker shall not preside while a resolution for their removal is under consideration. In such a scenario:
- The Deputy Speaker is constitutionally mandated to take the Chair and preside over the House.
- If the Deputy Speaker is also unavailable, a member from the Panel of Chairpersons (as determined by the Rules of the House) will preside.
- The Speaker’s physical refusal to vacate the chair would constitute a grave procedural irregularity, and the Deputy Speaker, backed by the Secretariat and parliamentary security, has the authority to occupy the presiding seat to conduct the mandated business. Additionally, the actions of the Speaker would be subject to judicial review as a direct violation of a constitutional mandate, bypassing the procedural immunity under Article 122.
Recommended Books
You can explore these highly recommended resources for a deeper understanding.
- Indian Polity (English) by M Laxmikanth for UPSC CSE 2025 | 7th edition (latest) | Civil Services Exam - Prelims, Mains and Interview | State PSCs exams/ PCS exams - by M Laxmikanth
- Oswaal NCERT One For All Book for UPSC & State PSCs | Indian Polity Classes 6-12 - by Oswaal Editorial Board
- Bharat Ki Rajvyavastha (भारत की राजव्यवस्था) - M Laxmikanth for UPSC CSE