Polity Notes

Lok Sabha Speaker

 The post of Lok Sabha speaker came into existence by Govt. of India Act 1919.
 Fredrick White was the 1st speaker (1921). Sachiddanad Sinha was deputy speaker.
 1925- Vitthalbhai Patel was 1st Indian elected speaker.
 G. V. Mavalankar was the 1st speaker after independence.

Election of Speaker:
 Members of Lok Sabha elects speaker and deputy-speaker from among themselves.
Tenure:
 Tenure of speaker does not end after Lok Sabha is dissolved. Speaker remains in office
till the 1st sitting of the newly elected Lok Sabha.
Removal Procedure:
 After giving 14 days resolution, Lok Sabha can discuss the resolution for removal of
speaker. Resolution should be passed by effective majority.
 Speaker cannot preside the proceedings of Lok Sabha, when this resolution is being
discussed. He can take part in the proceedings and can vote, but cannot give a casting
vote.
 In UK, the speaker after being elected, resigns from the membership of the party.
Powers of the Speaker:
 Presides over the sittings of Lok Sabha.
 Ensures rules and regulations of Lok Sabha are enforced and obeyed.
 In case of a tie, he can cast a casting vote.
 Certifies whether a bill is Money Bill or not, and his certification is final, and can't be
challenged in any court.
 He decides on anti-defection by members.
 Accepts resignation of members.
 Leads the parliamentary delegation of India at international forums and platforms.
 Appoints chairman of Parliamentary Committees
Protem Speaker:
 In the newly elected LS, President appoints the senior most member as Protem Speaker
(French tradition).
 17th Lok Sabha- Dr. Virender Kumar
 16th Lok Sabha- Kamal Nath
 He has two functions-
(i) To administer oath to the members of Lok Sabha
(ii) To conduct the elections of the speaker
 After election of speaker, post of protem speaker automatically ends.
 President administers oath to protem speaker (as a member).
Deputy Speaker of Lok Sabha:
 Election- same as speaker.
 Tenure- till the end of Lok Sabha.

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Polity Notes
 Removal- same as speaker.
Function- presides over sitting of Lok Sabha in the absence of speaker.
 While presiding, he has powers similar to that of the Speaker.
 He is always the chairman of any committee, of which he is a member.
10 Member Panel:
 This panel is constituted by the members of Lok Sabha.
 Member from this panel presides in the absence of Speaker and Deputy-speaker.
 If the post of speaker and deputy speaker are vacant, President appoints any one of them
as temporary speaker.
Chairman of Rajya Sabha:
 Vice President is the ex-officio chairman of Rajya Sabha.
 Powers- same as speaker of Lok Sabha except
I) Money Bill
II) Joint Sitting
III) Leading the parliamentary delegation.
Deputy Chairman of Rajya Sabha:
 Appointment and removal procedure similar to that of the Speaker and deputy Speaker.
 He presides over the sittings of Rajya Sabha in the absence of the Chairman.
 Enjoys all the powers of the Chairman while presiding over the sittings of Rajya Sabha.
Member's Panel:
 This panel is constituted by the Rajya Sabha.
 Number of members in the panel is not fixed, like the Lok Sabha.
 A member of panel presides the proceedings of the Rajya Sabha in the absence of both
the Chairman and Deputy Chairman.
 If the posts of both the Chairman and Deputy Chairman are vacant, then the President
appoints a temporary Chairman.

Rajya Sabha Lok Sabha

Article 89: Chairman- (Ex officio)
Deputy Chairman- (elected)
Article 90: Tenure and removal procedure of
Deputy Chairman
Article 91: Unavailable – Deputy Chairman-
Panel
Both vacant- temporary
appointment by President
Article 92: not presiding officer on day of
removal proceedings
Article 93: Speaker and Deputy Speaker
(elected)
Article 94: Tenure and removal procedure of
Speaker and Deputy Speaker.
Article 95: Both Unavailable - Panel
Both vacant- temporary
appointment by President
Article 96: not presiding officer on day of
removal proceedings

Leader of the House:

 Prime Minister is the leader of the House of which, he is a member.
 In the other House, any minister declared by the Prime Minister is the leader of the
house.
Leader of the Opposition:
 This post was created in 1969 and given statutory status in 1977 according to which, he is
equivalent to a cabinet minister. Facilities and allowances are equal to the cabinet minis-
ter
 Lok Sabha- Adhir Ranjan Chowdhury
 Rajya Sabha- Ghulam Nabi Azad
 Minimum of 10% seats in Lok Sabha are required to get the status of Leader of Opposi-
tion Parties.

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Polity Notes
Whip:
 Every political party appoints its whip in the House. He controls the behavior of mem-
bers .All members of political parties have to obey the instructions of their Whip in the
house.
 If any member fails to follow instructions of the whip and is not pardoned by his party
within 15 days, then he is held guilty of defection.
 During a secret vote, whip is not issued (President's election).
Shadow Cabinet:
 It is a British tradition.
 Opposition party declares its shadow cabinet so that citizens can compare shadow min-
ister with the real minister.
 This is done to create a moral pressure on the government.
Kitchen Cabinet:
 Prime Minister and his core advisors are called kitchen cabinet.
 It is an informal term and is often used by the media.
 Even a non-minister can be a part of it.
Hung Parliament:
 If in any general elections, no party or coalition gets the majority then it is called a hung
parliament.
Lame Duck Session:
 The last session of the previous Lok Sabha after the election of new Lok Sabha is called
lame duck session. Because the members which have not been re-elected to the new Lok
Sabha are called lame ducks.
Article 97:
 Speaker, deputy Speaker, Chairman, deputy Chairman- Salaries and allowances-
Article 98:
 Lok Sabha and Rajya Sabha both have their own separate secretariat.
Article 99:
 It is mandatory for members of Parliament to take an oath. They will take oath in front
of the President's representative (Protem Speaker)
Article 100: Quorum-
 According to the Constitution- 10%membes are required
 According to the rules of Lok Sabha/ Rajya Sabha- 1/3rd members are required.
Article 101: Vacation of Seats
 If a person is elected for both Rajya Sabha and Lok Sabha, if within 10 days he/she does
not vacate membership of one of the house, his/her Rajya Sabha seat will automatically
be vacated.
 If any person is already a member of any house and later elected for another house, then
his membership of previous house will automatically end.
 If a person is elected for 2 seats in the Lok Sabha, then within 14 days, have to leave 1
seat, or else both the seats will be vacated.
 If a person is elected of both the Lok Sabha and State Legislatures, then within 14 days
that person has to vacate 1 seat, else Lok Sabha seat would be vacated automatically.
 If a member is elected President or Vice- President.
 If a member is appointed as Governor.
 If a court declares the election of a member null and void.
 If any person remains absent consecutive for 60 days (consecutive vacation of 4 or more
days will not be included) then his/her seat will be vacated.
 If a member gives resignation letter to Chairman/Speaker.

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Article 102: Disqualification of Member of Parliament
 If a Member of Parliament is not a citizen of India or has voluntarily taken citizenship of
another country or accepted its sovereignty.
 If anyone holds the office of profit under Union Government or any State Government.
 If a person is declared insolvent by court.
 If a court declares someone mentally retarded.
 Other disqualifications laid down by the Parliament-
Representation of Peoples Act 1951-
 Disqualification on conviction for certain election offences and corrupt practices in the
election.
 A person convicted of any offence and sentenced to imprisonment for not less than two
years. However arrest under preventive detention is not considered.
 Disqualification for failure to lodge account of election expenses within prescribed time.
 Disqualification on grounds of interest in government contracts, works or services.
 Disqualification for office of profit under Government Company or director or manager
of a company with more than 25% stake of government.
 Disqualification for dismissal for corruption or disloyalty from government service.
 Disqualification for promoting enmity between different groups or for the offence of
bribery
 A person must not have been punished for preaching and practicing social crimes such as
untouchability, dowry, sati etc.
The decision of President regarding the above disqualifications is final however the Presi-
dent has to take decision according the recommendation of Election Commission.
Article 103:
 President decides on the question of disqualification of Members of Parliament on the
recommendation of Election Commission).
Article 104:
 Rs 500 fine per day (if a person is not a member and attends the proceedings of the
Parliament)

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