2 minConstitutional Provision
Constitutional Provision

Speaker of the Legislative Assembly

What is Speaker of the Legislative Assembly?

The Speaker is the presiding officer of the Legislative Assembly (Vidhan Sabha) in a state. They are responsible for maintaining order and decorum in the House, regulating its proceedings, and acting as the final interpreter of the provisions of the Constitution, the Rules of Procedure and Conduct of Business, and legislative precedents within the House. The Speaker also holds the crucial power to decide on disqualification petitions under the Anti-Defection Law.

Historical Background

The office of the Speaker in India draws its origins from the British parliamentary system. The first Speaker of the Central Legislative Assembly was elected in 1925. After independence, the Constitution of India provided for the offices of Speaker and Deputy Speaker for both the Lok Sabha and State Legislative Assemblies, ensuring their independence and impartiality.

Key Points

7 points
  • 1.

    Election: The Speaker is elected by the members of the Legislative Assembly from amongst themselves, usually after the first sitting of the newly elected Assembly.

  • 2.

    Term of Office: The Speaker generally holds office during the life of the Assembly but can be removed earlier by a resolution passed by a majority of all the then members of the Assembly, after giving 14 days' advance notice.

  • 3.

    Powers and Functions: Presides over the sittings of the Assembly, maintains order, interprets rules, adjourns the House, allows questions, certifies money bills (in case of Lok Sabha, similar role in state for financial matters), and is the final authority on matters of parliamentary privilege.

  • 4.

    Anti-Defection Authority: The Speaker is the sole authority to decide on questions of disqualification of members under the Tenth Schedule (Anti-Defection Law). This decision is subject to judicial review.

  • 5.

    Impartiality: The office of the Speaker is expected to be impartial. Once elected, the Speaker is expected to rise above party politics, though in practice, this is often debated.

  • 6.

    Casting Vote: The Speaker does not vote in the first instance but exercises a casting vote in case of a tie.

  • 7.

    Resignation: The Speaker can resign by writing to the Deputy Speaker.

Visual Insights

Understanding the Role of the Speaker

This mind map outlines the key aspects of the Speaker's role, including election, powers, and functions.

Speaker of Legislative Assembly

  • Election & Tenure
  • Powers & Functions
  • Key Provisions

Recent Developments

4 developments

Frequent controversies regarding the impartiality of Speakers, especially in cases of disqualification under the Anti-Defection Law.

Supreme Court observations on the need for Speakers to act expeditiously and impartially in defection cases.

Debates on whether the power to decide disqualification petitions should be divested from the Speaker and given to an independent body.

Instances of Speakers delaying decisions on disqualification petitions, leading to accusations of political bias and undermining the spirit of the law.

Source Topic

Karnataka: Congress, BJP Trade Accusations Over Governor's Address Ruckus

Polity & Governance

UPSC Relevance

Crucial for UPSC GS Paper 2: Polity & Governance. Questions on the Speaker's powers, role, and impartiality, especially concerning the Anti-Defection Law, are common in both Prelims and Mains. Understanding the constitutional position and challenges faced by the office is vital.

Understanding the Role of the Speaker

This mind map outlines the key aspects of the Speaker's role, including election, powers, and functions.

Speaker of Legislative Assembly

Elected by members of the Assembly (Article 178)

Continues until successor is elected

Presiding over sittings

Maintaining order and decorum

Deciding on admissibility of questions

Article 179 (Vacation and Resignation)

Article 199 (Definition of Money Bill)

Tenth Schedule (Anti-Defection Law)

Connections
Election & TenurePowers & Functions