Protem Speaker in India : Rights and Duties

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24 Jun Protem Speaker in India : Rights and Duties

Posted at 24 Jun 2024 in Current Affairs by
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(This article is related to the section ‘ Indian Constitution and Governance, Parliament, Role and Powers of Speaker of Lok Sabha, Role of Governor ’ of General Studies Paper – 2 of UPSC Civil Services Mains Exam and ‘ Protem Speaker, Speaker and Deputy Speaker of Lok Sabha, Money Bill, Joint Sitting, Tenth Schedule, 52nd Constitutional Amendment, Judicial Review ’ of UPSC Preliminary Exam. It also includes suggestions from the PLUTUS IAS Team . This article is related to ‘ Pro tem Speaker in India : Rights and Duties ’  of ‘ Daily Current Affairs ’ .)

 

Why in the News ? 

 

 

  • Recently, the President of India, Smt. Draupadi Murmu has appointed Bhartrihari Mahtab, a seven-time MP from Cuttack, as the Pro-Tem Speaker of the 18th Lok Sabha and administered the oath of office. 
  • The Speaker Pro-Tem in India is appointed by the President under Article 95(1) of the Constitution and performs his duties until the election of a permanent Speaker of the Lok Sabha of India.

 

Meaning and role of Protem Speaker in India : 

 

  • Protem is a Latin phrase which in English means “For the time being” or “For the time being”. 
  • Thus, the Pro Tem Speaker is a temporary Speaker who is appointed for a limited period to conduct business in the Lok Sabha or State Legislative Assemblies. 
  • When the elections to the Lok Sabha or the Legislative Assembly have been held and voting has not taken place for the permanent Speaker and Deputy Speaker, the Protem Speaker is selected to administer the House.
  • The term ‘Protem Speaker’ is not explicitly mentioned in the Constitution of India, but the post plays an important role in the parliamentary system of India.
  • When the new Speaker is elected by the House, the tenure of the Protem Speaker automatically ends. 
  • When the Speaker of the previous Lok Sabha leaves his office immediately before the first meeting of the newly elected Lok Sabha, the President appoints a senior member of the Lok Sabha as the Pro Tem Speaker. 
  • Generally the most senior member is selected for this post. 
  • The President himself administers the oath to the Protem Speaker. 
  • He presides over the first meeting of the newly elected Lok Sabha and has all the powers of the Speaker. 
  • Its main function is to administer oath to the new members and to enable the House to elect a new Speaker. 
  • The main objective of the Protem Speaker is to preside over the meetings of the newly elected House and to conduct the election of the new Speaker of the House.

 

History of Protem Speaker in India : 

 

  • The history of Speaker Pro Tem in India is also important and unique because in the year 1921, the posts of Speaker and Deputy Speaker were created under the Government of India Act, 1919 (Montagu-Chelmsford Reforms). 
  • At that time, these positions were called President and Deputy President respectively, and this practice continued until India gained independence in 1947.
  • Under the Government of India Act, 1935, the names of President and Deputy President were changed to President and Vice President respectively. 
  • After independence, the structure and functioning of Parliament was further streamlined under the Indian Constitution, in which the role of the Pro Tem Speaker also became extremely important.
  • The role of the Pro Tem Speaker is specifically in the first meeting of the newly elected House, where he or she administers the oath of office to the new members and ensures the election of the new Speaker. 
  • The Speaker Pro Tem is usually selected from among the most senior members of Parliament, who holds the post until a new Speaker is selected.
  • Thus, the Protem Speaker is an important pillar of Indian democracy, which helps in maintaining the smooth and orderly functioning of the Parliament.

 

System of selection of Protem Speaker in India : 

 

  • The Speaker Pro Tem is appointed by the President or Governor of India. The President or the Governor administers the oath of office to the temporary Speaker. 
  • As per tradition, the most senior member with the consent of the Assembly members is appointed as the temporary Speaker, who serves until a permanent Speaker is elected.

 

Duties of Protem Speaker : 

The main duties of the Protem Speaker in India are as follows – 

  1. To preside over the first meeting of the Lok Sabha or State Legislative Assemblies.
  2. Administering the oath of office to newly elected MPs or MLAs.
  3. To conduct voting for the election of Speaker and Deputy Speaker.
  4. To conduct floor test to prove the majority of the government.

 

System of election of Speaker of Lok Sabha : 

 

  • In India, the Speaker of the Lok Sabha is elected by the members of the lower house of the Indian Parliament, i.e. the Lok Sabha. 
  • Under this election process, MPs participate in secret ballot and the candidate who gets the most votes is appointed to the post of Speaker of the Lok Sabha. 
  • In India, any Lok Sabha member can be nominated for the post of Speaker.
  • In the election of the Speaker of the Lok Sabha, important qualities like seniority, experience and impartiality of the candidate are taken into consideration. 
  • Once a candidate is agreed upon, his name is usually proposed by the Prime Minister or the Minister of Parliamentary Affairs. 
  • The tenure of the Speaker lasts until the Lok Sabha is dissolved.
  • The Speaker does not resign on his own, or is not removed from office by a resolution passed by a majority vote of the Lok Sabha.

 

Tenure of Lok Sabha Speaker : 

 

  • The Speaker of the Lok Sabha holds office from the date of his election until immediately before the first meeting of the next Lok Sabha (for 5 years).
  • The Speaker is eligible for re-election.
  • Even when the Lok Sabha is dissolved, the Speaker of the Lok Sabha does not vacate his office immediately, he continues to hold his office till the first meeting of the newly elected Lok Sabha.

 

Role and powers of the Speaker of Lok Sabha :

 

 

  • The Speaker of the Lok Sabha is the final interpreter of the provisions of the Indian Constitution, rules of procedure and conduct of business of the Lok Sabha and parliamentary matters inside the House. 
  • They often give decisions which are respected by the members and which are binding in nature.
  • The Speaker also presides over the joint sitting of both the Houses of Parliament. 
  • Such meetings are called to resolve the deadlock between the two houses, in which the role of the Speaker is very important.
  • The Speaker also has the power to adjourn the House or adjourn the meeting in the absence of a quorum (third part of the House).
  • In case of casting vote, the Speaker has the right to vote in case of tie, which is called casting vote. Its purpose is to resolve the deadlock arising in the House.
  • Even in the case of Money Bill, the Speaker has the right to take decisions, he takes the final decision regarding the Money Bill.
  • The special powers of the Speaker also include that he has the right to take decisions in the case of disqualification of members under the Tenth Schedule.
  • The Speaker also serves as the ex-officio Chairman of the Indian Parliamentary Group (IPG) and as the ex-officio Chairman of the Conference of Presiding Officers of Legislative Bodies.
  • The Speaker also plays an important role in the formation of various types of committees in India, where the chairmen of all parliamentary committees work under his direction.
  • The Speaker is also the custodian of the rights and privileges of the House, its committees and members and the right to refer any question to the Committee of Privileges for examination, inquiry and report also depends on him.

 

Source – The Hindu.

 

Practice Questions for Preliminary Exam : 

 

Q.1. Consider the following statements regarding Pro Tem Speaker.

  1. The Pro Tem Speaker is appointed by the Prime Minister of India or the Chief Minister of the concerned state.
  2. The Speaker Pro Tem is sworn in by the Chief Justice of the Supreme Court of India.
  3. The term ‘Protem Speaker’ is not clearly mentioned in the Constitution of India.
  4. The Speaker Pro Tem presides over the first meeting of the newly elected Lok Sabha and has all the powers of the Speaker. 

Which of the above statement/statements is correct? 

A. Only 1, 2 and 3

B. Only 2, 3 and 4

C. Only 1 and 2. 

D. Only 3 and 4.

Answer – D

 

Practice Questions for Main Exam : 

 

Q.1. What do you understand by Protem Speaker? Discuss in detail about the functions and powers of Protem Speaker in India. (UPSC CSE – 2020. Word Limit – 250 Marks – 15) 

 

  

 

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