Presiding Officers of State Legislature – UPSC Notes

Both houses of the state legislature have a presiding officer; the state assembly has a Speaker as the principal presiding officer and a deputy speaker to assist them and preside over the chair in their absence.

Similarly, the legislative Council (in the case of a bicameral legislature is presided over by the Chairman (Chairperson) and assisted by the deputy chairperson, who performs the duties of the Chairperson in their absence.

Besides them, there is also a panel of chairpersons in the Assembly and a panel of vice-chairpersons in the Council.

Speaker of Legislative Assembly

The Speaker is the principal presiding officer in the State Legislative Assembly. S/he works non-partisanly and is the guardian of the House’s customs, powers and privileges and its members.

Election and Term

• The Speaker is elected by the state assembly amongst its members (after its first sitting).
• The date of election is determined by the Governor.
• The term of the assembly speaker is co-terminus with the life of the Legislative Assembly.

Remuneration

The state legislature determines the salary and allowances of the Speaker and deputy speaker. They are charged on the consolidated fund of states; hence, it is not subject to the vote of the state assembly.

Vacation of Office

The office of the Speaker can be vacant in the following cases:

1. If s/he is no longer a member of the Assembly.
2. If s/he resigns from the office by addressing the resignation letter to the deputy speaker.
3. On their removal by a resolution passed by the majority of all the members of the Assembly (Effective majority). Such a resolution can be moved only by giving 14 days’ notice.

Roles, Powers and Function of the Speaker

The Speaker is the head and the chief spokesperson of the Assembly. Besides presiding over the proceedings of the House, the Speaker is vested with various other powers and responsibilities, which have been discussed below.

• Presides over the meetings: The Speaker presides over the proceedings of the House and conducts meetings. S/he can allow secret meetings of the House at the request of the leader of the House.
• Maintains discipline and decorum of the House: S/he maintains discipline and decorum in the House. S/he can ask a member to leave the House or even suspend him/her.
• Interpreter of Provisions related to the House: S/he is the final interpreter of the Constitution, Rules of procedure of the conduct of the legislature and conventions and precedents related to the Assembly. Their decision is final in this matter.
• Maintains Quorum: S/he can adjourn the House or suspend the meeting of the House in case of absence of the quorum of the House, i.e. 1/10^th of the strength of the House.
• Casting Vote: S/he does not vote in the first instance but can cast a vote in case of a tie.
• Certification of the Money Bill: The Speaker certifies whether the bill is a money bill or not. Their decision is final in this matter.
• Disqualification of members: She also adjudicates the Disqualification of the members on account of defections under the 10^th schedule of the Constitution.
• Legislative Committees: S/he appoints the chairpersons of the committees of the Assembly of the lower House and oversees the functioning of these committees. The Speaker himself/herself is the Chairperson of the following committees of the Assembly:

1. 1. Business Advisory Committee
   2. General Purpose Committee
   3. Rules Committee