Which provisions guarantee impartiality of Speaker?

Q.  Which provisions guarantee independence and impartiality of Speaker?

1) Casting vote.
2) Powers of maintaining order in the House are not subject to the jurisdiction of any Court.
3) Not resigning from membership of his/her Party on being elected as Speaker.
4) Security of Tenure.

- Published on 02 Mar 17

a. 1, 2, 4
b. 2, 3
c. 1, 3, 4
d. All of the above

ANSWER: 1, 2, 4
 
    Independence and impartiality of the office of the Speaker is ensured by following -

    1. He has a security of tenure.

    2. He can be removed only by a resolution passed by the Lok Sabha by an absolute majority (i.e., a majority of the total members of the House) and not by an ordinary majority (i.e., a majority of the members present and voting in the House).

    3. This motion of removal can be considered and discussed only if it has the support of at least 50 members.

    4. His salaries and allowances are fixed by Parliament and charged on the Consolidated Fund of India.

    5. Thus,they are not subject to the annual vote of Parliament.

    6. His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion.

    7. His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.

    8. He can only exercise a casting vote in the event of a deadlock and cannot vote in the first instance.

    9. In the order of precedence, he is placed at seventh rank,along with the Chief Justice of India.

    10. This means, he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister.

  • In Britain, the Speaker is strictly a non-party man.

  • In Britain, there is a convention that the Speaker has to resign from his party and remain politically neutral.

  • But, in India, the Speaker does not resign from the membership of his party on his election to the exalted office, which can be considered as going against independence of the office.

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