Indian-polity / Parliament / Officers in Parliament

Officers in Parliament

Rajya Sabha:

  • The Vice-President of India serves as the Rajya Sabha's ex-officio Chairman. S/he presides over Rajya Sabha meetings.
  • In his absence, the meeting of the House is presided over by the Deputy Chairman (who is elected by its members from among themselves).

Lok Sabha: 

  • The Speaker is the presiding officer of the Lok Sabha.
  • Even after the Lok Sabha is dissolved, she or he remains Speaker until the next House elects a new Speaker in her or his place.
  • In the speaker's absence, the meetings are presided over by a Deputy Speaker (who is elected by the House).

Parliamentary leaders

  • Leader of the House: According to Lok Sabha Rules, the Prime Minister is the 'Leader of the House' (or another minister who is a member of Lok Sabha and is nominated by the PM to function as the Leader of the House).
  • The Rajya Sabha also has a 'Leader of the House,' who is a minister and a member of the Rajya Sabha and is appointed by the Prime Minister.
  • S/he has direct influence over how business is conducted.
  • The office of the House Leader is mentioned in the House Rules rather than the Constitution.
  • Leader of the Opposition: In a House, the leader of the largest Opposition party with at least one-tenth of the total number of seats is recognised as the leader of the Opposition.
  • S/he offers constructive criticism of government policies as well as an alternative government.
  • The leader of the opposition in both Houses was granted statutory recognition in 1977 and is entitled to the salary, allowances, and other benefits of a cabinet minister.
  • The position of leader of the opposition is mentioned in the Parliamentary Statute rather than the Constitution.

Whip: 

  • In Parliament, each political party, whether ruling or opposition, has its whip.
  • The political party appoints him or her to serve as an assistant floor leader, with the responsibility of ensuring the attendance of his or her party members in large numbers and securing their support for or against a particular issue.
  • He regulates and monitors their behaviour in Parliament, and members are expected to follow the whip's directives.
  • The office of "whip" is not mentioned in the Indian Constitution or the other two statutes mentioned above. It is based on parliamentary government conventions.

Protem Speaker:

  • Pro-tem is a Latin phrase that means "for the time being". Article 95(1) appoints a pro-tem speaker for a limited period of time after the General Elections to oversee the work of the Lower House of Parliament (Lok Sabha).
  • Appointment of a Pro-tem Speaker
  • The President/Governor appoints the pro-tem speaker to preside over the newly elected house's sittings. Typically, the pro-tem speaker is the most senior member of the house.
  • Functions of a Pro-tem Speaker
  • The Lok Sabha's first session is presided over by the Pro-tem Speaker, who also administers the oath of office to newly elected Members of Parliament.
  • To vote on the House of Representatives speaker and deputy speaker.
  • When a new Speaker is elected, the office of pro tem speaker is abolished.
  • He also oversees the floor test.
  • Conclusion
  • A pro tem Speaker is a speaker who is appointed for a limited time. The position of Speaker of the Lok Sabha/legislative assembly is vacant shortly before the first meeting of the newly elected house, necessitating the appointment of a pro-tem speaker.

The Presiding Officers Of the Indian Parliament

  • The leaders of each House of Parliament are the presiding officers. The primary institution through which the people's demands and desires are expressed in Parliament. Various leaders preside over the various chambers of parliament. The Lok Sabha has a Speaker and a Deputy Speaker, and the Rajya Sabha has a Chairman and a Deputy Chairman. A panel of Lok Sabha chairpersons and Rajya Sabha vice-chairpersons is also chosen.

List of Parliamentary Presiding Officers

  • Lok Sabha Speaker
  • If the Speaker is not present, the Deputy Speaker takes his place.
  • Rajya Sabha Chairman (Vice-President).
  • If the Chairman is unable to attend, the Deputy Chairman will preside over the Rajya Sabha.
  • The first session of the new Lok Sabha will be presided over by Lok Sabha Speaker Pro Tem.

The Presiding Officers of the Parliament - Speaker of Lok Sabha

  • The Speaker of the Lok Sabha is the Presiding Officer of the Parliament.
  • The Speaker is the Lok Sabha's constitutional and ceremonial head, as well as its primary spokesperson.
  • The institutions of the Speaker were established in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms), and the Speaker was known as the President at the time.
  • The Government of India Act of 1935 renamed the President of the Central Legislative Assembly the Speaker. However, because the federal portion of the 1935 Act was not implemented, the old nomenclature persisted until 1947.
  • The Speaker and Deputy Speaker are elected under Article 93 of the Indian Constitution.
  • The honour of being the first Speaker belonged to G.V. Mavalankar.
  • The Speaker is the head of the Lok Sabha and its representative, as well as the guardian of the members, the House's, and its committees' powers and privileges.
  • He/she is the House's primary spokesman, and his/her decision in all Parliamentary matters is final.
  • The Speaker of the Lok Sabha derives his or her powers and duties from three sources: the Indian Constitution, the Lok Sabha Rules of Procedure and Conduct of Business, and Parliamentary Conventions (residuary powers that are unwritten or unspecified in the Rules).

Lok Sabha's Deputy Speaker

  • The Deputy Speaker is elected by the house after the Speaker on a day set by the Speaker of the Lok Sabha.
  • The terms of office, grounds for removal, and procedure for removal, as well as provisions for salary and allowances, are the same as those of the Speaker.
  • He or she resigns by letter to the speaker.
  • In the absence of the Speaker, he/she has the same powers as the Speaker, and when the Speaker is present, the deputy speaker becomes an ordinary member of the house.
  • He or she reports directly to the house rather than the speaker.
  • If he/she is a member of a parliamentary committee, he/she automatically becomes the committee's chairman.
  • The Speaker and Deputy Speaker do not take a separate oath or affirmation when they take their positions.
  • Ananthasayanam Ayyangar held the distinction of being the Lok Sabha's first Deputy Speaker.

Pro-tem speaker

  • The previous Lok Sabha speaker resigns just before the new Lok Sabha's first sitting.
  • As a result, the President appoints a member (usually the senior most) to preside over the first session as Pro Tem Speaker.
  • The President administers the Speaker Pro Tem oath.
  • The Speaker Pro Tem facilitates the election of a new Speaker and administers oaths to members of the House.

Lok Sabha Chairpersons' Panel

  • According to Lok Sabha Rules, the Speaker appoints a panel of no more than ten chairpersons from among the members.
  • In the absence of the Speaker or the Deputy Speaker, any of them can preside over the House and has the same powers as the Speaker when doing so. He or she serves until a new panel of chairpersons is nominated.
  • When a member of the panel of chairpersons is absent, any other person designated by the House serves as Speaker.
  • When the office of the Speaker or Deputy Speaker is vacant, a member of the panel of chairpersons cannot preside over the House.
  • During this time, the Speaker's duties will be performed by members of the House appointed by the President.

Rajya Sabha Chairman

  • The Rajya Sabha's presiding officer is known as the Chairman.
  • Article 63 of the Indian Constitution states that there shall be a Vice-President of India. According to Articles 64 and 89 (1), the Vice-President of India shall be ex-officio Chairman of the Council of States, i.e., Rajya Sabha, and shall not hold any other profit-making office.
  • When the Vice-President acts as President or performs the functions of the President, he does not perform the duties of the Chairman of Rajya Sabha.
  • The Chairman of the Rajya Sabha can be removed from his position only if the Vice-President is removed from his position.
  • The powers and functions of the Chairman in the Rajya Sabha as a presiding officer are similar to those of the Speaker in the Lok Sabha.
  • The Speaker, however, has two special powers that the Chairman does not have: The Speaker decides whether a bill is a money bill or not, and his decision is final.
  • A joint sitting of the two Houses of Parliament is presided over by the Speaker. The Chairman, unlike the Speaker (who is a member of the House), is not a member of the House.
  • However, the Chairman, like the Speaker, cannot vote in the first instance and can only vote if the votes are equal.
  • When a resolution to remove the Vice-President is under consideration, he cannot preside over a Rajya Sabha sitting as Chairman. Even at such a time, he/she can be present and speak in the House, as well as participate in its proceedings, without voting (whereas the Speaker can vote in the first instance when a resolution for his/her removal is under consideration by the Lok Sabha).
  • As with the Speaker, the Chairman's salary and allowances are set by Parliament and are charged to the Consolidated Fund of India, so they are not subject to an annual vote in Parliament.
  • During any period when the Vice-President acts as President or performs the functions of the President, he or she is not entitled to any salary or allowance payable to the Chairman of the Rajya Sabha but is paid the President's salary and allowance.

Rajya Sabha Deputy Chairman

  • The Rajya Sabha selects the Deputy Chairman from among its members.
  • Article 89 of the Constitution established it as a constitutional position.
  • When the position of Deputy Chairman becomes vacant, the Rajya Sabha elects another member to fill it.
  • The Deputy Chairman leaves his position in one of three circumstances:
  • If he is no longer a Rajya Sabha member.
  • If he writes to the Chairman and resigns.
  • If he is removed by a resolution passed by a majority of all Rajya Sabha members at the time. Only 14 days notice is required to move such a resolution.
  • When the Chairman's office is vacant, or when the Vice-President acts as President or discharges the President's functions, the Deputy Chairman takes over.
  • He/she also serves as Chairman when the latter is unable to attend a House meeting, and in both cases, he/she has all of the Chairman's powers.
  • The Deputy Chairman reports directly to the Rajya Sabha and is not subordinate to the Chairman.
  • The Deputy Chairman, like the Chairman, cannot vote in the first instance while presiding over the House; he or she can only cast a casting vote in the event of a tie.
  • Furthermore, while a resolution to remove the Deputy Chairman is being debated in the House, he or she cannot preside over a House sitting, even if he or she is present.
  • When the Chairman presides over the House, the Deputy Chairman is treated in the same manner as any other ordinary member of the House. He or she has the right to speak in the House, participate in its proceedings, and vote on any issue before the House.
  • The Deputy Chairman is entitled to a regular salary and allowance, which are set by Parliament and are deducted from the Consolidated Fund of India.
  • When presiding, he or she has the same powers as the Chairman.
  • When a member of the panel of vice-chairpersons is absent, any other person designated by the House serves as Chairman.
  • A member of the panel of vice-chairpersons cannot preside over the House when the office of the Chairman or the Deputy Chairman is vacant.
  • During that time, the Chairman's duties will be performed by members of the House appointed by the President.

A panel of Rajya Sabha Vice-Chairpersons

  • According to Rajya Sabha Rules, the Chairman appoints a panel of vice-chairpersons from among the members and holds office until a new panel of vice-chairpersons is appointed.
  • In the absence of the Chairman or Deputy Chairman, any of them may preside over the House.
  • When presiding, he or she has the same powers as the Chairman.
  • When a member of the panel of vice-chairpersons is absent, any other person designated by the House serves as Chairman.
  • When the office of the Chairman or Deputy Chairman is vacant, a member of the panel of vice-chairpersons cannot preside over the House.
  • During that time, the Chairman's duties will be performed by members of the House appointed by the President.

Concerns about the Presiding Officers

  • In the Lok Sabha, two critical examples are the presiding officer's arbitrary certification of the contentious Aadhaar Act as the money bill and their failure to recognise the Opposition party leader as the statutorily recognised Leader of the Opposition.
  • In the Rajya Sabha, on the other hand, the presiding officer declared the aforementioned farm bills passed after a voice vote, which multiple Opposition members protested.

Leader of the House

  • The Leader of the House is a Minister appointed by the Government to oversee government business in the Legislative Assembly. The term "Leader of the House" is defined in the Rules of Procedure of the Lok Sabha and Rajya Sabha. The speaker of either House is an important functionary who has direct influence over how business is conducted. He also has the authority to appoint a House deputy leader.

Leader of the House in the Indian Parliamentary System

  • Rajya Sabha: The majority party's leader and parliamentary chairperson in the Rajya Sabha is usually a cabinet minister or another nominated minister.
  • The Leader of the House is in charge of scheduling government meetings and running the House's business.
  • Loksabha: If a member of the Lok Sabha, the Leader of the House is the Prime Minister by default.
  • The Leader of the House also serves as the parliamentary chairperson of the majority party.
  • If the Prime Minister is not a member of the Lower House of Parliament, she or he may appoint another minister to serve as Leader of the House.
  • The office of the House Leader is defined by the Rules of the House rather than the Constitution.

Roles and Functions of the House Leader

  • The Leader of the House is a key parliamentary figure in charge of how the House of Commons conducts business.
  • The entire policy of the Government is concentrated in his person, particularly as it is expressed in the inner life of the House and in measures dealing with the conduct of its business.
  • The Leader of the House is ultimately responsible for organising Government business, though the Chief Whip settles the details with his approval.
  • The Leader of the House proposes dates for summons and prorogation of the House with the Chair's permission.
  • He is in charge of organising the official business that will take place during the Parliamentary Session, such as bills, motions, and discussions on broad or specific topics such as five-year plans, foreign policy, economic or industrial policy, and other key State operations.
  • He assigns inter se priority to various items of business to ensure that they run smoothly.
  • He plans out weekly and daily schedules based on the current status of work after arriving at a tentative schedule for the entire session and announces the schedule to the members in advance each week.
  • The Business Advisory Committee allocates time for Government Bills and other business based on comments provided by or received from him from time to time.
  • The Prime Minister, as Leader of the Lok Sabha, is never a member of the Business Advisory Committee; he or she is represented in the Business Advisory Committee by the Minister for Parliamentary Affairs.
  • The House Leader of the Rajya Sabha is usually a member of the Business Advisory Committee. He is welcome to attend any of the Business Advisory Committee meetings even if he is not a member.

Leader of opposition

  • The leader of the opposition is the leader of the opposition party with at least one-tenth of the total number of seats in the house. The terms "shadow prime minister" and "alternative prime minister" have been used to describe him. He provides a backup administration if the current administration is deposed or fails to gain a majority in the House of Commons. According to the Parliament Rules Act of 1977, the Chairman/Speaker of the House recognises the Leader of the Opposition Party in the House with the greatest numerical strength.

What is the origin of the Leader of the opposition?

  • G V Mavalankar was the Lok Sabha's first Speaker. Mavalankar's rule, which he devised to recognise the opposition leader in the house, is well-known.
  • According to Mavalankar's rules, the single largest opposition party must have at least 10% of the House's total strength (55 as of today's strength) in order for its leader to be designated as Leader of the Opposition.
  • A National Political Party recently announced that it would not run for the position of Leader of the Opposition in Parliament due to a lack of the required number of members.
  • The second largest party in parliament, after the majority, has only 52 members, three short of the required number.

What are the most important functions of an opposition leader?

  • The tasks of the Leader of the Opposition include: chairing meetings where the opposition discusses policies and examines bills; selecting members of the opposition to be shadow ministers; leading the shadow Cabinet; acting as the chief opposition spokesperson; and leading the opposition in a federal election.

What Is the Importance of the Opposition Leader in Parliament?

  • It is also said that the Leader of the Opposition is called the 'Shadow Prime Minister'. If the government falls into disarray, the Leader should be prepared to take over.
  • The absence of such a Leader of the Opposition will weaken India because the opposition will be unable to present a united front against the ruling party.
  • The leader of the opposition is critical in bringing cohesion and effectiveness to the opposition's policy and legislative work.
  • It also contributes to the neutrality of appointments to accountability and transparency institutions such as the CVC, CBI, Lokpal, CIC, and others.
  • The leader of the opposition must also keep an eye out for violations of minority rights. They can also demand debates on such critical issues when the government tries to avoid parliamentary scrutiny.
  • The Public Accounts Committee, whose chairmen are the Leaders of the Opposition, exists to scrutinise the ruling party's spending.

What Is the Procedure for Choosing the Opposition Leader?

  • The procedure for recognising the opposition leader is well-defined.
  • The opposition's numerically largest party may request that its designated leader be recognised as the opposition's leader.
  • After her or his secretariat has reviewed the request, the speaker/chairman recognises that person.

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