Parliament – Sessions, Procedures, Motions, Committees etc

Who is the Pro-Tem Speaker of Lok Sabha and how is an MP chosen for the role?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Pro-Tem Speaker of Lok Sabha

Why in the News?

  • The 18th Lok Sabha will convene its first session very soon. A new Speaker of the House will be elected during this session.
    • Until the election of the new Speaker, a pro-tem Speaker will be appointed to administer the oath to the new Members of Parliament.

Who is a Pro-tem Speaker?

  • The Speaker of the Lok Sabha oversees the day-to-day proceedings of the House.
  • According to Article 94 of the Indian Constitution, the outgoing Speaker continues in office until the first meeting of the new Lok Sabha.
  • A pro-tem Speaker is appointed temporarily to manage certain duties until the new Speaker is elected.
  • The Constitution does NOT mention explicitly about the post.
    • However, the ‘Handbook on the Working of the Ministry of Parliamentary Affairs provides guidelines on the appointment and duties of the Speaker pro-tem.
  • Functions:
    • The primary duty of the pro-tem Speaker is to administer oaths to the new MPs, as mandated by Article 99 of the Constitution.

Appointment of the Pro-tem Speaker

  • When the Speaker’s post is vacant before the new Lok Sabha convenes, the PRESIDENT appoints a Member of the House as the Speaker pro-tem.
    • The President administers the oath to the Speaker pro-tem at the Rashtrapati Bhawan.
  • Generally, three other elected members of the Lok Sabha are also appointed by the President to assist in the oath-taking process.
  • The SENIORMOST members, in terms of years of service, are usually chosen for this role, though there can be exceptions.

Process of Administering Oaths

  • The Legislative I Section of the Government of India prepares a list of the seniormost Lok Sabha members after the formation of the new government.
  • This list is submitted to the Minister of Parliamentary Affairs or the Prime Minister, who identifies the Speaker pro-tem and the three other members for oath-taking.
  • After the Prime Minister’s approval, the consent of the selected members is obtained by the Minister of Parliamentary Affairs, usually over the telephone.
  • The Minister then submits a note to the President seeking approval for the appointments and the date and time for the swearing-in ceremony.
  • Upon the President’s approval, the Ministry informs the Speaker pro-tem and the other members about their appointments.
  • The Speaker pro-tem then administers the oath to the other three members in the Lok Sabha.

PYQ:

[2024] With reference to the Speaker of the Lok Sabha, consider the following statements :

While any resolution for the removal of the Speaker of the Lok Sabha is under consideration

  1. He/She shall not preside.
  2. He/She shall not have the right to speak.
  3. He/She shall not be entitled to vote on the resolution in the first instance.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

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