What is Speaker of the Legislative Assembly?
Historical Background
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 developmentsFrequent 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.
