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Polity Class 02

A BRIEF REVIEW OF THE PREVIOUS CLASS (05:07 PM)

  • Ant-Defection Vs. Freedom of Speech and Expression
  • 81st Constitutional Amendment Act

SPEAKER (CONTD) (05:17 PM)

  • The Speaker decides over disqualification under the Tenth Schedule subject to judicial review.
  • The Speaker presides over the joint sitting of both houses of the Parliament.
  • The Speaker maintains decorum and conducts the business & regulates the proceedings.
  • The Speaker is also empowered to allow a secret sitting of the house.
  • The Speaker appoints the Chairperson of the Parliamentary Committees of Lok Sabha.
  • The Speaker is the Chairman of-
  • General Purpose Committee 
  • Rules Committee
  • Business Advisory Committee
  • The Speaker certifies a Bill as Money Bill while transmitting it to the Rajya Sabha.
  • The salary and allowances of the Speaker are charged 'upon' the Consolidated Fund of India.
  • These are not subject to vote.
  • [*They may be subject to discussion.]
  • The Speaker ordinarily exercises their voting choice only at the second instance when there is an equality of votes.
  • Thus, a Speaker votes in the second instance.
  • Removal- (05:40 PM)
  • The Speaker has a security of tenure and can only be removed by a majority of the then members of the house i.e. Effective Majority.
  • A resolution can be brought by the signature of at least 50 members.
  • The Speaker is allowed to vote at the first instance.
  • The office of the Speaker is also safeguarded through the provision that his conduct cannot be discussed except through a Substantive Motion.
  • [The Speaker takes oath as an MP, and there is no specific oath for the office of the Speaker.]
  • Pro Tem Speaker- (05:47 PM)
  • The term "pro tem speaker" refers to the temporary Speaker appointed for the first session of a newly elected House of the People.
  • The pro tem Speaker's main responsibilities include-
  • administering the oath of office to the newly elected members;
  • conducting the election of the Speaker of the House as directed by the President;
  • Once the permanent Speaker is elected by the members, the pro tem Speaker steps down from the role, and the newly elected Speaker takes charge.

DEPUTY SPEAKER (06:00 PM)

  • The Deputy Speaker is an independent constitutional dignitary deriving authority from the Constitution.
  • The date of the election of the Deputy Speaker is determined by the Speaker.
  • The Deputy Speaker presides over the House in the absence of the Speaker & also when the office of the Speaker is vacant.
  • The Dy Speaker automatically becomes the Chairman of a committee when they are appointed as a member.
  • The Dy Speaker like the Speaker also enjoys the security of tenure & salary.
  • The Dy Speaker conventionally is from the opposition benches.

PANEL OF CHAIRPERSON (06:06 PM)

  • The Speaker nominates not more than 10 persons as the panel of Chairpersons.
  • The Panel of Chairperson derives the existence from the Rules of the Lok Sabha.
  • They can only preside over the sittings of the house when the office of Speaker or Dy Speaker is not vacant.

CHAIRMAN OF RAJYA SABHA (06:14 PM)

  • They enjoy a casting vote even when they are not a member of the Rajya Sabha (in the second instance).
  • The Chairman unlike the Speaker does not enjoy the choice of voting when their removal proceedings are taking place.
  • The Chairman does not enjoy two special powers that are available to the Speaker-
  • Presiding over a Joint sitting of both houses;
  • Certifying a Bill as a Money Bill.

DEPUTY CHAIRMAN OF THE RAJYA SABHA (06:19 PM)

  • The Dy Chairman is a constitutional authority.
  • They are elected by the members of the Rajya Sabha only.
  • The Dy Chairman is directly responsible to the Rajya Sabha.
  • They are removed by an Effective Majority of the Rajya Sabha only.

LEADER OF OPPOSITION (06:34 PM)

  • A democracy is incomplete without opposition.
  • The leaders of the opposition are in both the 'House of People as well as 'The Council of States'.
  • The Leader of the Opposition has statutory recognition.
  • The Leader of the Opposition enjoys the rank of Cabinet Minister.
  • The Leader of the Opposition is the principal face of the opposition wherein the LoP-
  • constructively criticizes the government;
  • highlights the inefficiencies of the government;
  • promotes democratic discourse.
  • The 'Mavalankar Rule' provides for the following two conditions to be fulfilled to be designated as the LoP-
  • Leader of the single largest party in opposition; and
  • At least 10% of the strength of the House.
  • Even in the absence of satisfying the above provisions, the designation may happen but then it is at the discretion of the Speaker.

WHIP (06:46 PM)

  • The office of Whip is neither mentioned in the Constitution nor any statute or rules.
  • The office of the Whip is to assist the floor leader in-
  • monitoring the behavior of party members;
  • ensuring their attendance;
  • securing their support by issuing directions, etc.

LEADER OF THE HOUSE (06:49 PM)

  • The Prime Minister is the leader of the house in the Lok Sabha.
  • The PM nominates the leader of the house in the Rajya Sabha from his Cabinet who is a member of the Rajya Sabha.
  • If the PM is not a member of the Lok Sabha, then He/She nominates someone as the leader of the house in the Lok Sabha who is a Cabinet Minister.

TYPES OF MAJORITY (07:08 PM)

  • Simple Majority- 
  • The majority of the members present and voting.
  • It is used in the following situations-
  • To pass an ordinary Bill;
  • No Confidence/Confidence Motions;
  • To create or abolish a new State;
  • To amend the Second Schedule;
  • The majority shall be used at any other place where no majority is explicitly provided.
  • Effective Majority- (07:19 PM)
  • Majority of the then members of the House-
  • Total Strength- Vacancy= Effective Strength
  • Majority of Effective Strength
  • It is employed in situations such as-
  • Removal of Chairman in Rajya Sabha;
  • Removal of Speaker/Dy Speaker; etc.
  • Special Majority-
  • To amend the Constitution-
  • It has to be approved by-
  • the majority of the total membership of the house; and 
  • 2/3rd of the members present and voting.
  • The Absolute Majority i.e. majority of the total membership of the house is a static number irrespective of vacancies and absentees.
  • It is employed to amend Fundamental Rights and DPSPs.
  • With ratification by the states-
  • The Constitutional Amendment after being passed by a Special Majority in both houses of the Parliament separately voting.
  • It shall then be transmitted to all the State Legislative Assemblies & has to be ratified by at least half of them.
  • The majority required by the State legislature in such a case is Simple.
  • Special majority to impeach the President (07:48 PM)
  • 2/3rd of the total membership of the house irrespective of vacancies and absentees.
  • [*There cannot be a joint session for the amendment of the Constitution or through an ordinance it cannot be amended.]
  • The concept of a Special majority is extremely rare in State Legislature.
  • It is used in a scenario when the State Legislative Assembly may pass a resolution requesting the Parliament to create or abolish Legislative Council by a Special Majority.
  • Under Art. 249 (Rajya Sabha passing a resolution) & Art. 312 (Rajya Sabha passing a resolution for new All India Services), the majority required shall be 2/3rd of members present & voting only.

TOPICS TO BE DISCUSSED IN THE NEXT CLASS: CONTINUATION OF PARLIAMENT