June 27, 2024

Lukmaan IAS

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FIRST SESSION OF THE 18TH LOK SABHA: ELECTION OF THE SPEAKER AND ROLE OF THE PRO-TEM SPEAKER

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TAG: GS 2: POLITY

THE CONTEXT: The 18th Lok Sabha of India is set to hold its first session from June 24 to July 3, 2024.

EXPLANATION:

  • One of the key events during this session will be the election of the new Speaker of the House.
  • Until the Speaker is elected, a pro-tem Speaker will preside over the proceedings and administer the oath to the newly elected Members of Parliament (MPs).

Speaker in the Lok Sabha

  • The Speaker of the Lok Sabha plays a crucial role in overseeing the day-to-day proceedings of the House.
  • The Speaker’s duties include maintaining order during debates, deciding on points of order, and ensuring the rules of the House are followed.
  • The Speaker also represents the Lok Sabha in its relations with the President of India and the Rajya Sabha (the Upper House of Parliament).
  • Article 94 of the Indian Constitution specifies that the Speaker of the Lok Sabha does not vacate their office until immediately before the first meeting of the new Lok Sabha following a dissolution.
  • The new Speaker is then elected by a simple majority of the House.

Pro-tem Speaker

  • The pro-tem Speaker is a temporary position assigned to preside over the initial activities of the Lok Sabha until the new Speaker is elected.
  • Although the Indian Constitution does not explicitly mention the post of the pro-tem Speaker, the “Handbook on the Working of Ministry of Parliamentary Affairs” provides guidance on the appointment and duties of the Speaker pro tem.
  • When the position of the Speaker falls vacant before a new Lok Sabha is constituted, the President of India appoints a senior member of the House to perform the duties of the Speaker temporarily.
  • This member is typically chosen based on their seniority in terms of the number of years they have served in the Lok Sabha.

Duties of the Pro-tem Speaker

  • The primary duty of the pro-tem Speaker is to administer oaths to the newly elected MPs.
  • According to Article 99 of the Constitution, every MP must make and subscribe to an oath or affirmation before taking their seat in the House.
  • The President appoints the pro-tem Speaker to fulfill this role, and often, three other senior members are also selected to assist in this process.

Oath Administration Process

  • Selection of the Pro-tem Speaker: The Legislative I Section of the Government of India compiles a list of the senior most Lok Sabha members and submits it to the Minister of Parliamentary Affairs or the Prime Minister. An MP is then identified as the pro-tem Speaker, along with three other members for administering oaths.
  • Approval and Consent: Once the Prime Minister approves the selections, the Minister of Parliamentary Affairs contacts the chosen members to obtain their consent. Subsequently, a note is submitted to the President for final approval.
  • Oath to the Pro-tem Speaker: The President administers the oath to the pro-tem Speaker at the Rashtrapati Bhawan.
  • Oath to Other Members: The three appointed members are then administered the oath by the pro-tem Speaker in the Lok Sabha.
  • Oath to New MPs: The pro-tem Speaker, with the assistance of the three senior members, administers the oath/affirmation to the newly elected MPs. The swearing-in ceremony usually takes place at 11 am, with the pro-tem Speaker taking their oath earlier, around 9:30 am, depending on the President’s convenience.

Election of the New Speaker

  • On June 26, 2024, Prime Minister is expected to move the motion for the election of the new Speaker of the Lok Sabha.
  • The election of the Speaker is a significant event as the Speaker will play a pivotal role in managing the legislative agenda and maintaining order in the House.

SOURCE: https://indianexpress.com/article/explained/everyday-explainers/pro-tem-speaker-lok-sabha-9399861/

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