Presiding Officers of Parliament

Think of Parliament as a large classroom. Every classroom needs a head — someone who keeps order, decides who speaks, and ensures rules are followed. In the Lok Sabha that head is the Speaker; in the Rajya Sabha it is the Chairman (the Vice-President of India). Both Houses also have deputies who step in when needed. Let’s unpack the Lok Sabha side first (Speaker & Deputy Speaker) — because that is where most daily action happens.

Speaker of Lok Sabha — election, tenure, removal (the basics)

Election

• Elected from among Lok Sabha members (as soon as may be after the first sitting).
• President fixes the date of election.
• Vacancy? Lok Sabha elects another member.

Tenure

• Usually holds office for the life of that Lok Sabha.
• BUT the Speaker does not vacate office when Lok Sabha is dissolved — continues until the new Lok Sabha meets (continuity).

Early vacation of office (3 situations)

1. Ceases to be a member of Lok Sabha (e.g., election declared void).
2. Resigns — by writing to the Deputy Speaker.
3. Removed by a resolution passed by effective majority (majority of all the then members of Lok Sabha). Notice: not a simple majority; needs an effective majority. Motion requires 14 days’ advance notice.

During consideration of removal

• Speaker cannot preside over the sitting where his/her removal is being considered (though may be present).
• Speaker can speak and vote in the first instance, but cannot exercise a casting vote (i.e., cannot vote to break a tie in that situation).

Speaker — powers, role and functions (what makes the office so important)

The Speaker is not merely a chairperson — he/she is the guardian of the House. Powers come from three sources: the Constitution, Rules of Procedure, and Parliamentary conventions.

Main functions:

1. Maintain order & decorum. Final arbiter inside the House.
2. Interpretation — final interpreter within the House of:
   • Constitutional provisions relevant to parliamentary business,
   • Rules of Procedure of Lok Sabha,
   • Parliamentary precedents.
3. Adjourn/suspend sittings when quorum absent. (Quorum = 1/10th of total strength)
4. Voting role — Speaker does not vote in the first instance; has casting vote in event of a tie.
5. Joint sittings — Speaker presides over joint sittings of both Houses (when summoned by President to resolve deadlocks).
6. Secret sittings — may allow secret sittings on Leader of House’s request.
7. Money Bill certification — Speaker decides whether a bill is a money bill; that decision is final and is endorsed on the bill when sent to Rajya Sabha and President. (Huge power — affects legislative route and Rajya Sabha role.)
8. Defection cases — Speaker decides disqualification under Tenth Schedule (anti-defection). Supreme Court has held such decisions are subject to judicial review (Kihoto Hollohan case).
9. Ex-officio roles — e.g., chair of Indian Parliamentary Group; chairs key committees.
10. Committee appointments — appoints chairmen of Lok Sabha committees; chairs Business Advisory, Rules and General Purposes Committees.

Independence & impartiality of the Speaker — safeguards

The office of Speaker must be impartial. Constitutional and statutory safeguards:

1. Security of tenure — removal needs effective majority and 14 days’ notice (not easy).
2. Salaries charged on Consolidated Fund of India — not subject to annual vote (protects independence).
3. Protection from discussion — Speaker’s conduct can be criticized only on a substantive motion, not casually in debate.
4. Decisions on procedure are not ordinarily justiciable (house autonomy), though some decisions can be judicially reviewed.
5. Voting rules (no vote except casting vote) enhance impartiality.
6. High order of precedence — Speaker ranks very high (7th), which underlines stature.

Convention: In Britain, the Speaker resigns from political party and is strictly non-partisan. India doesn’t follow the convention fully — Indian Speakers usually remain members of their party, though impartiality is expected.

Deputy Speaker of Lok Sabha — election, role, safeguards

Election & Tenure

• Elected by Lok Sabha after Speaker’s election; date fixed by Speaker.
• Holds office usually for the life of Lok Sabha.
• Vacates office if: ceases to be a member, resigns to the Speaker, or removed by effective majority (14 days’ notice applies).

Functions

• Acts in place of Speaker when office vacant or Speaker absent — assumes all Speaker’s powers while presiding.
• Presides over joint sittings if Speaker is absent.
• When presiding, Deputy Speaker follows same voting rule as Speaker (no first vote; casting vote in case of tie).
• When not presiding, Deputy Speaker is a regular member: can speak and vote.
• Special privilege: when appointed to any parliamentary committee, Deputy Speaker automatically becomes its chairman.
• Salary and allowances fixed by Parliament and charged on Consolidated Fund.

Political convention

• Often (not constitutional rule) the Deputy Speaker post is given to the Opposition — a convention to ensure bipartisanship; but this has not been uniformly followed.

Panel of Chairpersons

(The Backup Team of the Speaker)

Imagine the Lok Sabha as a giant classroom with nearly 550 students (MPs).
The Speaker can’t be in the chair all the time — and even the Deputy Speaker may occasionally be absent.
So, who takes charge then?

👉 Under the Rules of Procedure of the Lok Sabha, the Speaker nominates a panel of not more than ten Chairpersons from among the members of the House.

Key points about the Panel:

1. Any member of this panel can preside over the House when both the Speaker and Deputy Speaker are absent.
   → When presiding, they have all powers of the Speaker.
2. The panel holds office till a new panel is nominated.
3. But note this subtle distinction (may be asked in prelims):
   ❌ If the office of the Speaker or Deputy Speaker is vacant, a panel member cannot act as presiding officer.
   ✅ In that case, the President appoints any member of the Lok Sabha to perform the duties of the Speaker until elections are held to fill those vacancies.

So, the panel is a temporary backup, but not a substitute for the Speaker or Deputy Speaker when their offices fall vacant.

Speaker Pro Tem

Now imagine a brand-new Lok Sabha has just been elected.
The previous Speaker automatically vacates office before the new House meets.
So, who presides over the first sitting of the new Lok Sabha?

👉 The President appoints a member as the Speaker Pro Tem (temporary Speaker).

Usually, the senior-most member of the Lok Sabha is chosen for this role — a mark of respect for parliamentary experience.

Functions of Speaker Pro Tem:

1. Administers the oath of office to all newly elected members.
2. Conducts the election of the new Speaker.
3. Presides over sittings until the new Speaker is elected.

Once the Speaker is chosen, the office of Speaker Pro Tem ceases to exist.
So, it’s a purely temporary arrangement, lasting for only a few days.

💡 Mnemonic: “Pro Tem” = for the time being.

Chairman of the Rajya Sabha – The Vice-President in a Dual Role

Just as the Lok Sabha has the Speaker, the Rajya Sabha has its own presiding officer called the Chairman.
By constitutional design, the Vice-President of India is the ex-officio Chairman of the Rajya Sabha.

So, one person performs two distinct roles:

• As Vice-President → Part of the Executive.
• As Chairman of Rajya Sabha → Head of the Legislature’s Upper House.

Key Features of the Chairman’s Office:

1. Tenure link: The Chairman remains in office as long as he/she is the Vice-President.
   → Can be removed only if removed from the office of Vice-President (Art. 67(b)).
2. When Vice-President acts as President:
   During such periods, he/she does not perform the duties of Chairman, since both are full-time constitutional roles.
3. Powers and Functions:
   Broadly similar to those of the Speaker of Lok Sabha, like:
   • Maintaining order, interpreting rules, deciding who may speak.
   • Adjournment in case of disorder or lack of quorum.
   • Casting vote in case of a tie (no first vote).
   • Final authority over proceedings of the Rajya Sabha.

But there are two key powers the Speaker has that the Chairman doesn’t:

1. Chairman cannot decide whether a Bill is a Money Bill.
   1. Chairman does not preside over joint sittings of Parliament — that’s the Speaker’s domain.

4. Voting Rights:
   Like the Speaker, the Chairman does not vote in the first instance; only in case of a tie (casting vote).
5. During Removal Motion:
   • If a resolution for removal of Vice-President (Chairman) is under consideration, he/she cannot preside but may be present and speak,
     though cannot vote.
     (In contrast, when the Speaker’s removal is being discussed, the Speaker can vote in the first instance.)
6. Salary and Allowances:
   • Fixed by Parliament,
   • Charged on the Consolidated Fund of India, so not subject to annual vote.
   • If the Vice-President is acting as President, he/she receives the President’s salary instead of that of the Chairman.

Deputy Chairman of Rajya Sabha

(The Chairman’s Constitutional Backup)

Like the Deputy Speaker in Lok Sabha, the Rajya Sabha elects one of its members as Deputy Chairman.

Election and Tenure:

• Elected by members of the Rajya Sabha.
• Vacates office if:
  1. Ceases to be an MP of Rajya Sabha,
  2. Resigns by writing to the Chairman, or
  3. Removed by a resolution passed by effective majority (majority of all the then members), with 14 days’ notice.

Functions:

1. Acts as Chairman when the office is vacant or when the Vice-President:
   • Acts as President, or
   • Is absent from a sitting.
2. When presiding, has same powers as Chairman — including the casting vote in case of a tie.
3. When not presiding, functions as an ordinary member (can speak and vote).
4. Cannot preside when a motion for his/her removal is under consideration, though may be present.

Like the Chairman, the Deputy Chairman’s salary and allowances are:

• Fixed by Parliament, and
• Charged on the Consolidated Fund of India (ensuring independence).

🔹 Remember: The Deputy Chairman is not subordinate to the Chairman — both are accountable directly to the House.

Panel of Vice-Chairpersons

(The Substitute Team for the Rajya Sabha)

Exactly like the Lok Sabha panel, the Chairman of Rajya Sabha nominates a Panel of Vice-Chairpersons from among the members.

Key Points:

• Any of them may preside in absence of Chairman or Deputy Chairman.
• They have same powers when presiding.
• They hold office until a new panel is nominated.
• But, when both Chairman and Deputy Chairman offices are vacant, a panel member cannot preside.
  → In that case, the President appoints a member of Rajya Sabha to perform the duties temporarily, until elections are held.

Thus, the Panel provides flexibility for day-to-day sittings but cannot substitute for the constitutional offices.

Secretariat of Parliament

Behind the debates, committees, and daily proceedings runs a quiet engine — the Secretariat of Parliament.

• Each House (Lok Sabha & Rajya Sabha) has its own separate Secretariat.
• Some posts (like library or security staff) may be common to both.
• Recruitment and service conditions are regulated by Parliament itself.
• Each Secretariat is headed by a Secretary-General, a permanent and non-political officer.

Appointment:

• The Speaker appoints the Secretary-General of Lok Sabha.
• The Chairman appoints the Secretary-General of Rajya Sabha.

Role:

• Prepares agenda papers, maintains records, drafts Bills, handles questions, and ensures smooth functioning of each House.
• It’s essentially the administrative backbone of Parliament — the “civil service” of the legislature.

🧩 Summary Table – Quick Comparison

Feature	Lok Sabha	Rajya Sabha
Presiding Officer	Speaker	Chairman (Vice-President)
Deputy	Deputy Speaker	Deputy Chairman
Backup Panel	Panel of Chairpersons (≤10)	Panel of Vice-Chairpersons
Temporary Presiding Officer	Speaker Pro Tem	—
When main offices vacant	President appoints member to act as Speaker	President appoints member to act as Chairman
Presides over Joint Sitting	✅ Speaker	❌ Chairman
Decides Money Bill status	✅ Speaker	❌ Chairman
Is Presiding Officer a member of the House?	✅ Yes	❌ No (Vice-President is not a member)
Salary charged on Consolidated Fund?	✅ Yes	✅ Yes

💬 Closing Thought

“The beauty of parliamentary design lies in its continuity.
When one seat is vacant, another fills in — Speaker, Deputy Speaker, Panel Chairperson, or Pro Tem — so that the people’s House never falls silent.
The same principle runs through both Lok Sabha and Rajya Sabha:
Institutional continuity above individual presence.”