Who among the following fixes the date of election of the Speaker of the Lok Sabha?

Correct — A, the President of India. The Lok Sabha elects its own Speaker from among its members, but the date on which that election is held is fixed by the President. Rule 7 of the Rules of Procedure and Conduct of Business in Lok Sabha says the election of the Speaker shall be held on such date as the President may appoint, and the Secretary-General then notifies members. The arrangement exists because at the start of a new House there is nobody in the chair to fix anything — the Speaker's office is vacant and members have only just been sworn in by a pro tem Speaker whom the President appoints for that purpose. Once a Speaker is in place the pattern changes: the date for electing the Deputy Speaker is fixed by the Speaker, under Rule 8.

• (b)The Minister of Parliamentary Affairs — The Ministry manages the government's legislative business, arranges the order of bills and liaises between the Houses, but it has no power over the date of the Speaker's election.
• (c)The Secretary General of the Lok Sabha — The Secretary-General notifies members of the date and receives the nominations, so he handles the machinery. Fixing the date is not his function.
• (d)The Deputy Speaker of the Lok Sabha — At the start of a House the office of Deputy Speaker is vacant too, and it is filled after the Speaker's. The Deputy Speaker cannot fix the date of an election that precedes his own.

Article 93 requires the House of the People to choose two of its members to be Speaker and Deputy Speaker as soon as may be, and to fill either office when it falls vacant. The Constitution leaves the procedure to the Rules of Procedure, which place the Speaker's election on a date appointed by the President and the Deputy Speaker's on a date appointed by the Speaker.

Around this sit the rest of the Speaker's constitutional provisions, and they are worth learning as a set. The Speaker holds office until the House dissolves, and continues until immediately before the first meeting of the next House. Removal is by a resolution passed by a majority of all the then members after fourteen days' notice, under Article 94, and while such a resolution is under consideration the Speaker may not preside but may speak and vote in the House. The Speaker votes only to break a tie, certifies money bills under Article 110(3) and decides disqualification on grounds of defection under the Tenth Schedule.

• Article 93 requires the Lok Sabha to choose a Speaker and a Deputy Speaker from among its members.
• The date of the Speaker's election is fixed by the President; the date of the Deputy Speaker's election is fixed by the Speaker.
• A pro tem Speaker, appointed by the President, administers the oath to newly elected members beforehand.
• Removal requires a resolution passed by a majority of all the then members of the House after fourteen days' notice.
• The Speaker exercises a casting vote only, and certifies whether a bill is a money bill.

• Carrying the Speaker's power to fix the Deputy Speaker's election date back onto his own.
• Confusing the Secretary-General's notification of the date with the appointment of it.
• Assuming the President nominates the Speaker; the President only fixes the date, and the House elects.

A procedural item on a rule of the House rather than an article of the Constitution. Papers pair it with the Deputy Speaker's election, so learn the two together.

• practice — not a real PYQ

  The Speaker pro tem of the Lok Sabha is appointed by

  • (a)the outgoing Speaker
  • (b)the President of India
  • (c)the Prime Minister
  • (d)the Secretary General of the Lok Sabha

  Answer(b) the President of India — to administer the oath to newly elected members.

• practice — not a real PYQ

  A resolution for the removal of the Speaker of the Lok Sabha requires notice of

  • (a)7 days
  • (b)14 days
  • (c)21 days
  • (d)30 days

  Answer(b) 14 days — under Article 94, and it must be carried by a majority of all the then members.