Presiding Officers of State Legislature

Officers of the State Legislature

• Each House of state legislature has its own Presiding Officers of State Legislature.
• There is a Speaker and a Deputy Speaker for the legislative assembly and in legislative council a Chairman and a Deputy Chairman are present.
• A panel of chairman for the assembly and a panel of vice-chairman for the council is also appointed.

Constitutional Provisions

 

 

Speaker of Legislative Assembly (Lower House)

• Speaker and a Deputy Speaker are presiding officers for the Legislative Assembly.
• The Speaker is elected by the assembly itself from amongst its members.
• Remains in office during the life of the assembly.

Speaker vacates seat if

• • • He ceases to be a member of the assembly;
    • He resigns by writing to the deputy speaker;
    • He is removed by a resolution passed (with a 14 days advance notice) by a majority of all the then members of the assembly.

Powers and Duties of the Speaker

• The speaker does not take part in the debate and usually does not vote, except in case of tie.
• He maintains order and decorum in the assembly for conducting its business and regulating its proceedings.
• Speaker can exercise a casting vote in the case of a tie.
• He may adjourn or suspend the sitting of the House if necessary quorum is not there, or to restore discipline.
• He may even suspend or expel members of the House for unruly behaviour.
• He decides the questions of disqualification of a member of the assembly, arising on the ground of defection under the provisions of the Tenth Schedule
• He appoints the chairpersons of all the committees of the assembly and supervises their functioning.
• Speaker is the chairman of-
  • • Business Advisory Committee
    • Rules Committee
    • General Purpose Committee
• Speaker is the final interpreter of the provisions of –
  • • The Constitution of India
    • The rules of procedure and conduct of business of assembly
    • The legislative precedents, within the assembly.
• He decides whether a Bill is a Money Bill or not and his decision cannot be challenged in the court of law.

Steps to Secure the Independence of Speaker

• Power of the speaker under Schedule 10 should be withdrawn and bestow Election commission with same.
• Ideally, he should resign from his party after his appointment as Speaker – Following British practice.
• The speaker should be given a second tenure and his constituency should go uncontested.
• No appointment of speakers to political positions after retirement.
• Political parties must not consider speakers’ posts as a gift they can offer indiscriminately to any senior party leader.

Deputy Speaker of Legislative Assembly

• The Deputy Speaker is also elected by the assembly itself from amongst its members.
• He is elected after the election of the Speaker has taken place.
• The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or absent from the sitting of assembly.
• In both the cases, he has all the powers of the Speaker.

Deputy Speaker vacates seat if

• • • He ceases to be a member of the assembly;
    • He resigns by writing to the deputy speaker;
    • He is removed by a resolution passed (with a 14 days advance notice) by a majority of all the then members of the assembly.
  • The Speaker nominates from amongst the members a panel of chairman. Any one of them can preside over the assembly in the absence of the Speaker or the Deputy Speaker. He has the same powers as the speaker when so presiding.

Salaries and allowance of Speaker and Deputy Speaker

• The salaries and allowances of Speaker and the Deputy Speaker of the assembly are fixed by the state legislature.
• They are charged on the Consolidated Fund of the State and thus are not subject to the annual vote of the state legislature.

Chairman of Legislative Council (Upper House)

• Chairman and a Deputy Chairman are presiding officers for the Legislative Council.
• The Chairman is elected by the council itself from amongst its members.
• The business of legislative council is conducted by the Chairman. He presides over the meetings and maintains discipline and order in the House.
• As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.
• The Speaker has one special power which is not enjoyed by the Chairman. The Speaker decides whether a bill is a Money Bill or not and his decision on this question is final.
• The Chairman vacates his office in any of the following three cases –
  • • He ceases to be a member of the assembly;
    • He resigns by writing to the deputy speaker;
    • He is removed by a resolution passed (with a 14 days advance notice) by a majority of all the then members of the assembly.

Deputy Chairman of Legislative Council

• The Deputy Chairman is also elected by the council itself from amongst its members.

Deputy Chairperson vacates seat if

• • • • He ceases to be a member of the assembly;
      • He resigns by writing to the deputy speaker;
      • He is removed by a resolution passed (with a 14 days advance notice) by a majority of all the then members of the assembly.
  • The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or absent. In both the cases, he has all the powers of the Chairman.
  • The Chairman nominates from amongst the members a panel of vice-chairman. Any one of them can preside over the council in the absence of the Chairman or the Deputy Chairman.
  • He has the same powers as the chairman when so presiding. He holds office until a new panel of vice-chairman is nominated.

Salaries & Allowances of the Chairperson & Deputy Chairperson

• The salaries and allowances of the Chairperson and the Deputy Chairperson of the Council are fixed by the state legislature.
• They are charged on the Consolidated Fund of the State and thus are not subject to the annual vote of the state legislature.

So, this is all about the post on the Presiding Officers of State Legislature. If you want to read more notes on Indian Polity – Click Here.

In the Next Post (Click Here), we will learn about the Sessions of the State Legislature.

 

If you Like this Post than please share it with your friends and family and like our Facebook Page to get regular updates. Sharing is Caring J.