January 22, 2026

The Speaker & The Chairman Powers, Election & The 'Casting Vote' Decoded

The Speaker & The Chairman: Powers, Election & The 'Casting Vote' Decoded description: "The definitive guide to the Presiding Officers of the Indian Parliament. Understand the roles of the Lok Sabha Speaker and Rajya Sabha Chairman, their power under the Anti-Defection Law, the 'Casting Vote', and the concept of Pro-Tem Speaker." date: 2026-01-13 author: Civics Desk | Sansad Online tags: [Speaker of Lok Sabha, Rajya Sabha Chairman, Presiding Officer, Anti-Defection Law, Casting Vote, Money Bill, Pro-Tem Speaker, 10th Schedule, Article 93]

⚖️ Parliament 101: The Speaker & The Chairman (The Referees)

The Authority

The guardians of the House's dignity.

  • Lok Sabha: The Speaker (Om Birla / Current Incumbent).
  • Rajya Sabha: The Chairman (The Vice President of India).
  • Key Power: Anti-Defection (Disqualifying MPs).
  • Key Privilege: Casting Vote (Voting only to break a tie).
🏛️ THE CONSTITUTIONAL PARADOX: The Speaker is elected from a political party (usually the ruling party). Yet, the moment they sit in the Chair, they are expected to be 100% Neutral. In the UK, the Speaker resigns from their party to prove neutrality. In India, they don't. This creates the central tension of Indian parliamentary democracy: Is the Speaker a Judge or a Party Man?

Introduction: The Master of the House

(Why They Are More Than Just Moderators)

When you watch Parliament on TV, you see a person sitting on a high chair, constantly saying "Baith Jaiye" (Please sit down). It looks like a thankless job of managing a chaotic classroom.

But the Presiding Officer is one of the most powerful positions in the Constitution.

  • They decide which Money Bill bypasses the Rajya Sabha.
  • They decide which MP gets disqualified for changing parties (10th Schedule).
  • They can suspend an MP for the entire session for "unruly behavior."
  • Their decision inside the House is Final and often cannot be challenged even in the Supreme Court (Article 122).

This guide decodes the two distinct roles: the Speaker of the Lok Sabha (elected by MPs) and the Chairman of the Rajya Sabha (who is the Vice President of India).

📢 Part 1: The Speaker of the Lok Sabha

The Speaker is the Constitutional Head of the House of the People.

1. Election & Tenure (Article 93)

  • Election: Elected by a simple majority of MPs present and voting.
  • Date: Fixed by the President.
  • Tradition: Usually, the ruling party nominates the Speaker, and the Opposition (sometimes) gets the Deputy Speaker post (though this convention has been broken recently).
  • Resignation: If the Speaker wants to resign, they write to the Deputy Speaker (not the President).

2. Super-Powers

  • Money Bill Certification (Article 110): The Speaker's decision on whether a Bill is a Money Bill is Final. (This power was controversial during the passing of the Aadhaar Act).
  • Disqualification (10th Schedule): The Speaker acts as a Tribunal to decide if an MP has defected.
  • Secret Sitting: The Speaker can clear the galleries for a secret session.
  • Joint Sitting: The Speaker presides over the Joint Sitting of both Houses (Article 108). The Rajya Sabha Chairman does not.

3. The "Casting Vote" (Article 100)

  • The Speaker does not vote in the first instance.
  • They vote only if there is a Tie (50 vs 50).
  • This vote is called the "Casting Vote" and is used to resolve the deadlock.

🏛️ Part 2: The Chairman of the Rajya Sabha

The Rajya Sabha works differently. It does not elect its own Chairman.

1. The Ex-Officio Role (Article 64)

  • The Vice President of India is the Ex-Officio Chairman of the Rajya Sabha.
  • Election: They are elected by an Electoral College (MPs of both Houses), not just Rajya Sabha members.
  • Removal: To remove the Chairman, you must remove the Vice President from office (via a resolution in RS passed by effective majority + agreed by LS).

2. Difference from Speaker

  • The Chairman is not a member of the House. (The Speaker is an MP).
  • Since they are not a member, they cannot vote in the first instance. They only have a Casting Vote.
  • The Chairman cannot preside over a Joint Sitting.

👴 Part 3: The Pro-Tem Speaker (The Temporary Guardian)

When a new Lok Sabha is elected, the old Speaker's term ends just before the first meeting. Who presides over the first day?

  • Appointment: The President appoints a Speaker Pro-Tem (usually the senior-most MP).
  • Duties:
    1. Administer the Oath to all 543 new MPs.
    2. Conduct the election of the new Speaker.
  • Expiry: Once the new Speaker is elected, the office of Pro-Tem Speaker ceases to exist.

⚖️ Part 4: The Deputy Speaker & Deputy Chairman

What if the main Presiding Officer is sick or absent?

  • Deputy Speaker (Lok Sabha): Elected by the House.
    • Myth: They are subordinate to the Speaker.
    • Fact: No. When they sit in the Chair, they have all the powers of the Speaker. They are directly responsible to the House, not the Speaker.
  • Deputy Chairman (Rajya Sabha): Elected by Rajya Sabha MPs from amongst themselves.
  • Panel of Chairpersons: Apart from these two, a list of 10 experienced MPs is nominated. If both Speaker and Deputy Speaker are absent, a member from this "Panel" presides.

⚔️ Part 5: The Anti-Defection Power (The 10th Schedule)

This is the most controversial power.

  • The Law: If an MP voluntarily gives up party membership or votes against the party whip, they are disqualified.
  • The Judge: The Speaker/Chairman is the sole authority to decide this.
  • The Loophole: The law does not give a Time Limit.
    • Scenario: An MP defects to the ruling party. The Speaker (from the ruling party) keeps the disqualification petition "pending" for 4 years, allowing the defector to stay an MP.
    • Supreme Court Ruling (Keisham Meghachandra Case): The SC suggested that Speakers should decide within 3 months, but many still delay.

🛡️ Independence & Neutrality

To ensure the Speaker is not bullied by the Government, the Constitution gives them security:

  1. Security of Tenure: They can be removed only by a resolution passed by an Effective Majority (Majority of all then members), not just those present. 14 days' notice is required.
  2. Salary: Their salary is Charged on the Consolidated Fund of India (not voted upon).
  3. No Criticism: Their conduct cannot be discussed or criticized in the House (except on a substantive motion for removal).

❓ Frequently Asked Questions (FAQs)

Q1. Does the Speaker resign from their party?

In India, No.

  • In the UK, the Speaker resigns from their party to become strictly non-partisan.
  • In India, the Speaker remains a member of the party (to ensure they get a ticket in the next election), but they are expected to act neutrally. This often leads to accusations of bias.

Q2. Can the Speaker be disqualified under Anti-Defection Law?

No.

  • The 10th Schedule has a special exemption. If a member voluntarily gives up their party membership after being elected Speaker (to become neutral), they are not disqualified. They can rejoin the party after their term ends.

Q3. Who decides if a question is admissible?

The Speaker.

  • They have the power to admit or reject Questions, Adjournment Motions, and Resolutions. If they reject a No-Confidence Motion on technical grounds, the Opposition is helpless.

Q4. What is the "Whip"?

It is not the Speaker.

  • A Whip is a floor manager appointed by a Political Party.
  • They ensure their MPs attend and vote as per party lines.
  • The Speaker's role is only to punish those who violate the Whip (if the Party complains).

Q5. Has any Speaker ever been removed?

No Speaker has been removed by a resolution in the Lok Sabha so far.

  • G.V. Mavalankar (the first Speaker) faced a removal motion in 1954, but it was defeated.
  • Somnath Chatterjee was expelled from his party (CPI-M) but refused to resign as Speaker, arguing he was above party lines.

Bookmark this page. In the noise of democracy, the Speaker holds the silence.