P8

Introduction

  • The meeting began with the speaker addressing the smaller crowd due to an upcoming vacation, encouraging those absent to watch online.

Discussion on Protem Speaker

Definition

  • A Protem Speaker is a temporary speaker appointed during the transitional period of a newly elected legislature.

Background Scenario

  • Fresh elections occurred, leading to newly elected Members of Parliament (MPs).

  • MPs cannot vote to elect a new speaker until they have taken their oaths.

Oath Requirement

  • Every legislator must take an oath as per the Constitution, mentioned in Schedule 3.

  • The speaker must administer the oath; however, the newly elected speaker is yet to be chosen.

Appointment of Protem Speaker

  • To resolve this paradox, the President appoints the senior-most MP as Protem Speaker to administer oaths to newly elected MPs.

  • The seniority of the MP is determined not by age but by tenure in the Lok Sabha.

Functions of Protem Speaker

  1. Administer Oaths: The primary role is to administer oaths to all the newly elected MPs.

  2. Conduct Elections for New Speaker: After administering oaths, the Protem Speaker conducts the election for the new speaker.

  3. The President appoints the Protem Speaker, who also administers the oath to them.

Limitations and Customary Practices

  • While usually the senior-most MP is appointed, it is not a stringent rule; conventions allow flexibility.

  • The process aims to facilitate parliamentary functioning quickly and accommodate political flexibility.

  • Protem Speaker does not have a lengthy tenure—simply fulfilling duties until a new speaker is elected.

Functions of Speaker

Primary Functions

  1. Maintain Order and Decorum: Ensures smooth operation of daily parliamentary business.

  2. Final Interpreter: The Speaker serves as the ultimate interpreter of:

    • The Constitution of India.

    • Procedural rules governing the Lok Sabha (known as Lok Sabha rules).

    • Parliamentary conventions.

  3. Manage Sittings: Responsible for scheduling sittings and can suspend them in the absence of a quorum.

  4. Voting Rights: Normally does not vote but can exercise a casting vote in case of ties.

Special Notes on Quorum

  • Definition of Quorum: A quorum requires at least one-tenth of the total membership (54.3 in the case of a Lok Sabha with 543 members).

  • If quorum is not met, the house cannot conduct any business.

Casting Vote Defined

  • The casting vote is the tie-breaking vote that a speaker can utilize when votes are equally split between 'yes' and 'no'.

Joint sittings and Authority

  • The Speaker presides over joint sittings of Parliament and plays a key role in the legislative process.

  • Supreme Court can review the Speaker's decisions.

Independence of Speaker

Ensuring Independence

  1. Casting Vote: Speakers can only cast votes in tie situations ensuring neutrality.

  2. Impeachment Process: Removal of a Speaker requires an effective majority, making it challenging for the ruling party to manipulate.

  3. Fixed Salary: Speaker's salary is fixed under charge expenditure, protecting against political manipulation.

  4. Anti-Defection Exemptions: Allows the Speaker to resign from their party to maintain neutrality.

Restrictions and Limitations

  • During their term, the Speaker cannot be criticized within the house to maintain decorum.

  • If a Speaker is absent from duty, a deputy or a panel of chairpersons steps in to preserve functionality.

Voting in Parliament

Types of Voting

  1. Informal Voting: Primarily through voice votes, where members express their opinions vocally (eyes for yes, no for no).

    • Majority of affairs handled this way to save time.

  2. Formal Voting: Conducted via machine voting or ballot slips, especially during critical resolutions.

  3. Machine Voting: Introduced with devices that signal votes accurately, requiring specific procedures for participation.

Quorum Requirement for Voting

  • Voting can only occur if a quorum is present at the session.

  • No proxy or alternative voting is allowed for absent members.

Types of Majorities

  1. Absolute Majority: More than 50% of total membership.

    • Used primarily for governmental formation.

  2. Effective Majority: More than 50% of the current members, accounting for vacancies.

    • Required during removals and certain legislative approvals.

  3. Simple Majority: More than 50% of members present and voting; this is the most commonly used majority in parliamentary procedures.

  4. Special Majority: Refers to a minimum of two-thirds either of total membership or those present and voting (as applicable).

    • Used for constitutional amendments and certain protective legislation.

Additional Provisions for Constitutional Amendments

Processes and Conditions

  • When amending the Constitution, certain steps must be adhered to:

    • Requires both houses to pass the amendment by the stipulated majorities.

    • Some amendments require ratification by state legislatures, ensuring a federal balance.

Summary of Other Ways to Change the Constitution

  • Apart from legislative procedures, the Constitution can be affected through judicial interpretation, also modifying its application or perceived meaning.