What are functions/role/powers of Speaker of Legislative Assembly?

Q.  Which of the following are functions of the Speaker of Legislative Assembly?

1) He or she presides over joint sitting of both the houses.
2) He or she can allow a ‘secret’ sitting of assembly.
3) He or she is chairman of Rules Committee.

- Published on 07 Mar 17

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

ANSWER: 2, 3
 
  • There is a Speaker and a Deputy Speaker for the state legislative assembly.

  • Speaker is the Presiding Officer for State Legislative Assembly.

  • The Speaker is elected by the assembly itself from amongst its members.

  • Usually, the Speaker remains in office during the life of the State Legislative Assembly.

  • However, he has to vacate his office earlier in any of the below 3 cases -

    1. If he ceases to be a member of the assembly;

    2. If he resigns by writing to the Deputy Speaker; and

    3. If he is removed by a resolution passed by a majority of all the members of the assembly. Such a resolution can be moved only after giving 14 days’ advance notice.

    His powers and functions are -

    1. He maintains order and decorum in the House for conducting its business and regulating its proceedings. This is his main responsibility and he has final power in this regard.

    2. He is the final interpreter of the provisions of -

    (a) the Constitution of India;

    (b) the Rules of Procedure and Conduct of Business of Assembly; and

    (c) the parliamentary precedents, within the assembly.

    3. He adjourns the assembly or suspends the meeting in absence of a quorum.

    4. He does not vote in the first instance. But he can exercise a ‘casting vote’ in the case of a tie.

    5. He can allow a ‘secret’ sitting of the House at the request of the Leader of the House.

    6. He decides whether a bill is a money bill or not and his decision on this question is final.

    7. 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.

    8. He appoints the chairmen of all the committees of the assembly and supervises their functioning.

    9. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General-Purpose Committee.

    Deputy Speaker of Assembly -

  • 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.

  • Deputy Speaker remains in office usually during the life of the assembly.

  • However, he also vacates his office earlier in any of the below 3 cases -

    (a) if he ceases to be a member of the assembly;

    (b) if he resigns by writing to the speaker; and

    (c) if he is removed by a resolution passed by a majority of all the then members of the assembly. Such a resolution can be moved only after giving 14 days’ advance notice.

  • The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or when Speaker is absent from the sitting of assembly.

  • He has all the powers of the Speaker.

  • The Speaker nominates from amongst the members a panel of chairmen.

  • 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 presiding.

  • He holds office until a new panel of chairmen is nominated.

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