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GK NotesIndian PolitySpeaker and Parliamentary Committees

Speaker and Parliamentary Committees: Articles and Membership

Notes on the Lok Sabha Speaker and parliamentary committees for exams: Articles 93 to 97, removal majority, casting vote, PAC, Estimates Committee and DRSCs.

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Speaker and Parliamentary Committees: Articles and Membership — GK24 title card
Speaker and Parliamentary Committees: Articles and Membership — GK24 title card

The Speaker of the Lok Sabha is the presiding officer of the House of the People, and through the committees that the office constitutes, the hinge on which the working of Parliament turns. Examiners return to this topic every year because it sits where three of their favourite things meet: numbered Articles, exact membership figures and the special majority needed for removal. The Speaker and the committee system together are what allow a House of more than five hundred members to actually scrutinise the executive, and the facts about them do not shift from one year to the next.

Election and tenure of the Speaker

Article 93 provides that the Lok Sabha shall, as soon as may be, choose two members of the House to be Speaker and Deputy Speaker. The election is by a simple majority of the members present and voting, and the date of the election is fixed by the President. Before that election, a newly elected House is sworn in by a Speaker pro tem, by convention the senior-most member, appointed by the President for that limited purpose.

Article 94 deals with vacation of office. The Speaker vacates office on ceasing to be a member of the House, on resigning by writing addressed to the Deputy Speaker, or on being removed by a resolution of the House passed by a majority of all the then members of the House. Fourteen days notice of the intention to move such a resolution is compulsory. The Deputy Speaker, in turn, addresses a resignation to the Speaker. One proviso matters a great deal in examinations: when the Lok Sabha is dissolved, the Speaker does not vacate office along with the House but continues until immediately before the first meeting of the next Lok Sabha. The House may be gone; the Speaker is not.

Article 95 allows the Deputy Speaker, or a member from a panel of chairpersons, to perform the duties of the office when it is vacant. Article 96 bars the Speaker from presiding while a resolution for his or her own removal is under consideration, although the Speaker may be present, speak and vote in the first instance on that resolution. Article 97 charges the salaries and allowances of the Speaker and Deputy Speaker of the Lok Sabha and the Chairman and Deputy Chairman of the Rajya Sabha on the Consolidated Fund of India, which means they are not subject to the annual vote of Parliament.

Powers and functions of the Speaker

ArticleProvision
93Lok Sabha chooses a Speaker and a Deputy Speaker from among its members
94Vacation of office, resignation and removal by a majority of all the then members
95Deputy Speaker to act when the office of Speaker is vacant
96Speaker not to preside when a removal resolution is under consideration
97Salaries charged on the Consolidated Fund of India
100Casting vote in case of equality of votes; quorum of one-tenth of the total membership
108Speaker presides over a joint sitting of the two Houses
110(4)Speaker certifies whether a Bill is a Money Bill, and the certificate is final

Inside the House the Speaker interprets the Constitution and the Rules of Procedure, decides the admissibility of questions, resolutions and motions, adjourns the House or suspends a sitting for want of quorum, and disciplines members. Under Article 100 the Speaker does not vote in the first instance and exercises only a casting vote when the votes are equal, so the office keeps its neutrality until a tie forces a decision. Under Paragraph 6 of the Tenth Schedule the Speaker decides questions of disqualification on the ground of defection, and the Supreme Court held in the Kihoto Hollohan case of 1992 that this decision is that of a tribunal and is open to judicial review. Outside the Chamber the Speaker is the ex officio chairperson of the Business Advisory Committee, the Rules Committee and the General Purposes Committee, nominates the members and chairpersons of most other committees, and represents the House in its dealings with the President and with other legislatures. In the Indian order of precedence the Speaker of the Lok Sabha ranks sixth, alongside the Chief Justice of India. G. V. Mavalankar, the first Speaker of the Lok Sabha, is remembered as the Father of the Lok Sabha; M. Ananthasayanam Ayyangar was the first Deputy Speaker.

Why Parliament needs committees

Parliament sits for only a part of the year, and the floor of the House has neither the time nor the calm to examine a technical Bill clause by clause or an audit report line by line. Committees do that work in small rooms, without party whips and without the press, and they report back to the House. They draw their authority from Article 105, which carries the privileges of Parliament and its committees, and from Article 118, under which each House frames its own rules of procedure. Committees are of two classes. A standing committee is permanent and is reconstituted every year; an ad hoc committee is appointed for one task, such as a particular Bill or inquiry, and dies when it reports.

The three financial committees

CommitteeMembersFirst set upWork
Public Accounts Committee22: 15 Lok Sabha and 7 Rajya Sabha1921, under the Government of India Act 1919Examines appropriation accounts and the audit reports of the Comptroller and Auditor General
Estimates Committee30, all from the Lok Sabha1950, on the suggestion of John MathaiExamines the Budget estimates and suggests economies in public expenditure
Committee on Public Undertakings22: 15 Lok Sabha and 7 Rajya Sabha1964, on the recommendation of the Krishna Menon CommitteeExamines the reports, accounts and autonomy of public sector undertakings

Three rules apply to all three. A minister cannot be a member of any of them, which keeps the examiner and the examined apart. The term of each is one year. And the chairperson is appointed by the Speaker from among the Lok Sabha members of the committee, with the firm convention since 1967 that the chairperson of the Public Accounts Committee is drawn from the Opposition. The Public Accounts Committee works after the money has been spent, which is why it is called a post-mortem of expenditure, and the Comptroller and Auditor General acts as its friend, philosopher and guide. The Estimates Committee works on money about to be spent and is nicknamed the continuous economy committee. The two are often called the twin sisters of financial control. None of them may question a policy that Parliament itself has settled; they ask whether the money was spent lawfully, wisely and for the purpose voted.

Departmentally Related Standing Committees

The real revolution in Indian parliamentary scrutiny came in 1993, when seventeen Departmentally Related Standing Committees were created to cover the whole of the Union Government; the system was reorganised in 2004 and there are now twenty-four such committees. Each has thirty-one members, twenty-one from the Lok Sabha nominated by the Speaker and ten from the Rajya Sabha nominated by the Chairman. Sixteen are serviced by the Lok Sabha Secretariat and eight by the Rajya Sabha Secretariat. A minister cannot be a member, and the term is one year. These committees consider the demands for grants of their ministries, examine Bills referred to them, scrutinise annual reports and look at long-term policy documents. Their recommendations on demands for grants are advisory, and a committee cannot cut a demand itself.

Other committees worth remembering

  • Committee on Welfare of Scheduled Castes and Scheduled Tribes: thirty members, twenty from the Lok Sabha and ten from the Rajya Sabha.
  • Committee on Empowerment of Women: thirty members, twenty from the Lok Sabha and ten from the Rajya Sabha.
  • Joint Committee on Offices of Profit: fifteen members, ten from the Lok Sabha and five from the Rajya Sabha.
  • Committee on Private Members Bills and Resolutions: a Lok Sabha committee of fifteen members chaired by the Deputy Speaker.
  • Business Advisory Committee, Rules Committee and General Purposes Committee: chaired by the Speaker in the Lok Sabha.
  • Committee on Ethics: set up in the Rajya Sabha in 1997 and in the Lok Sabha in 2000.

Ad hoc committees include Select Committees of one House and Joint Committees of both on particular Bills, Joint Parliamentary Committees of inquiry, and committees on the conduct of a member. A Joint Parliamentary Committee is appointed by a motion adopted in one House and agreed to by the other, and its composition and terms of reference are decided by the House itself.

Exam Point of View

Examiners test four things here. First, the Article numbers: 93 for election, 94 for removal, 95, 96, 97, 100, 108 and 110(4) for the Speaker specific powers. Second, the removal majority, where simple and two-thirds majorities are planted as distractors against the correct majority of all the then members. Third, committee arithmetic: 22 for the Public Accounts Committee and the Committee on Public Undertakings, 30 for the Estimates Committee and 31 for each Departmentally Related Standing Committee, with the Lok Sabha and Rajya Sabha split. Fourth, the name and year pairs: 1921 for the Public Accounts Committee, John Mathai and 1950 for the Estimates Committee, the Krishna Menon Committee and 1964 for the Committee on Public Undertakings, and 1993 for the standing committee system. A favourite trap is the claim that the Speaker vacates office when the Lok Sabha is dissolved; the proviso to Article 94 says otherwise.

Important Facts

Election of SpeakerArticle 93, simple majority of members present and voting
Removal of SpeakerMajority of all the then members of the House, with 14 days notice (Article 94)
ResignationSpeaker writes to the Deputy Speaker; the Deputy Speaker writes to the Speaker
Vote in the HouseCasting vote only, in case of equality of votes (Article 100)
Money BillCertified by the Speaker under Article 110(4); the certificate is final
Joint sittingPresided over by the Speaker of the Lok Sabha (Article 108)
Anti-defectionDecided by the Speaker under Paragraph 6 of the Tenth Schedule
Public Accounts Committee22 members, 15 Lok Sabha and 7 Rajya Sabha, first set up in 1921
Estimates Committee30 members, all from the Lok Sabha, set up in 1950
Committee on Public Undertakings22 members, set up in 1964
Standing Committees24 Departmentally Related Standing Committees of 31 members each, system begun in 1993
First SpeakerG. V. Mavalankar, called the Father of the Lok Sabha
Order of precedenceSpeaker of the Lok Sabha ranks sixth, along with the Chief Justice of India
SalariesCharged on the Consolidated Fund of India under Article 97

Practice MCQs on this topic

Q1.Indian PolityEasy

Under which Article of the Constitution does the Lok Sabha choose a Speaker and a Deputy Speaker from among its members?

  1. A.Article 89
  2. B.Article 93
  3. C.Article 97
  4. D.Article 100
Show answer
Correct answer: B. Article 93

Explanation

The correct answer is B, Article 93. Article 93 of the Constitution provides that the House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker, and that whenever either office becomes vacant the House shall choose another member to fill it. The election is held on a date fixed by the President and is decided by a simple majority of those present and voting. Option A is wrong because Article 89 is the matching provision for the Rajya Sabha, which deals with the Chairman and the Deputy Chairman of the Council of States, and the Vice-President is the ex officio Chairman there. Option C is wrong because Article 97 only charges the salaries and allowances of these presiding officers on the Consolidated Fund of India. Option D is wrong because Article 100 covers voting in the Houses, the casting vote of the presiding officer and the quorum of one-tenth of the total membership.

Q2.Indian PolityMedium

The Speaker of the Lok Sabha can be removed from office by a resolution of the House passed by which majority?

  1. A.A simple majority of members present and voting
  2. B.A majority of all the then members of the House
  3. C.A two-thirds majority of members present and voting
  4. D.A two-thirds majority of the total membership of the House
Show answer
Correct answer: B. A majority of all the then members of the House

Explanation

The correct answer is B, a majority of all the then members of the House. Article 94(c) says the Speaker or Deputy Speaker may be removed from office by a resolution of the House of the People passed by a majority of all the then members of the House, and the proviso requires fourteen days notice of the intention to move such a resolution. This is the effective majority, counted on the strength of the House excluding vacancies, not on those merely present. Option A is wrong because a simple majority is what elects the Speaker under Article 93, not what removes the Speaker. Options C and D are wrong because a two-thirds majority is nowhere required for the Speaker; it belongs to other provisions, such as the removal of a judge or the impeachment of the President, and examiners place it here as a deliberate trap. Note also that Article 96 bars the Speaker from presiding while such a resolution is being considered.

Q3.Indian PolityMedium

What happens to the office of the Speaker when the Lok Sabha is dissolved?

  1. A.The Speaker vacates office on the day of dissolution
  2. B.The Speaker continues in office until immediately before the first meeting of the next Lok Sabha
  3. C.The President appoints a caretaker Speaker for the interval
  4. D.The Chairman of the Rajya Sabha takes over the duties of the Speaker
Show answer
Correct answer: B. The Speaker continues in office until immediately before the first meeting of the next Lok Sabha

Explanation

The correct answer is B. The proviso to Article 94 states that the Speaker shall not vacate office on the dissolution of the House of the People but shall continue to hold it until immediately before the first meeting of the next Lok Sabha. The reason is practical: the office must survive so that someone can authenticate records, exercise the powers of the House in the interval and hand over an orderly House to the new Speaker. Option A is wrong precisely because of this proviso, which makes the Speaker an exception to the rule that the House and its members go with dissolution. Option C is wrong because the President appoints only a Speaker pro tem, and that is to swear in the members of the new House after it is constituted, not to fill a gap after dissolution. Option D is wrong because the Rajya Sabha is a permanent House that is never dissolved, and its Chairman has no role in Lok Sabha business except at a joint sitting in the Speaker absence.

Q4.Indian PolityEasy

The Speaker of the Lok Sabha exercises a vote in which situation?

  1. A.In the first instance on every question put to the House
  2. B.Only a casting vote when the votes are equally divided
  3. C.Only on Money Bills
  4. D.The Speaker never votes in the House under any circumstance
Show answer
Correct answer: B. Only a casting vote when the votes are equally divided

Explanation

The correct answer is B. Article 100(1) provides that the Speaker or the person acting as Speaker shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. The purpose is to keep the chair above party contest while still giving the House a way out of a deadlock. Option A is wrong because voting in the first instance on every question is what an ordinary member does, and the chair is deliberately denied that right. Option C is wrong because the Speaker role in Money Bills is a different one altogether: under Article 110(4) the Speaker certifies whether a Bill is a Money Bill, and that certificate is final and cannot be questioned in any court. Option D is wrong because the Speaker is a full member of the House and does vote in two situations, namely a casting vote under Article 100 and a first-instance vote on a resolution for the Speaker own removal under Article 96.

Q5.Indian PolityMedium

What is the total membership of the Public Accounts Committee of Parliament?

  1. A.15 members, all from the Lok Sabha
  2. B.22 members, 15 from the Lok Sabha and 7 from the Rajya Sabha
  3. C.30 members, all from the Lok Sabha
  4. D.31 members, 21 from the Lok Sabha and 10 from the Rajya Sabha
Show answer
Correct answer: B. 22 members, 15 from the Lok Sabha and 7 from the Rajya Sabha

Explanation

The correct answer is B. The Public Accounts Committee has twenty-two members, fifteen elected by the Lok Sabha and seven by the Rajya Sabha, each by proportional representation through the single transferable vote, for a term of one year. Its chairperson is appointed by the Speaker from among its Lok Sabha members, and since 1967 the convention has been to appoint a member of the Opposition. The committee examines the appropriation accounts and the audit reports of the Comptroller and Auditor General. Option A is wrong because fifteen is only the Lok Sabha share of the committee, not its total strength. Option C is wrong because thirty, all drawn from the Lok Sabha, is the Estimates Committee, which has no Rajya Sabha representation at all. Option D is wrong because thirty-one, split twenty-one and ten, is the size of each Departmentally Related Standing Committee. The Committee on Public Undertakings, like the Public Accounts Committee, has twenty-two members.

Q6.Indian PolityHard

The Estimates Committee of Parliament was constituted in 1950 on the recommendation of which person?

  1. A.John Mathai
  2. B.V. K. Krishna Menon
  3. C.G. V. Mavalankar
  4. D.C. D. Deshmukh
Show answer
Correct answer: A. John Mathai

Explanation

The correct answer is A, John Mathai. The Estimates Committee was set up in 1950 on the suggestion of John Mathai, who was then the Union Finance Minister, and it consists of thirty members, all elected from the Lok Sabha; the Rajya Sabha has no representation on it. Its chairperson is appointed by the Speaker, a minister cannot be a member, and its function is to examine the Budget estimates, suggest economies and propose alternative forms of presenting the estimates, which is why it is called the continuous economy committee. Option B is wrong because the Krishna Menon Committee recommended the Committee on Public Undertakings, which was constituted in 1964. Option C is wrong because G. V. Mavalankar was the first Speaker of the Lok Sabha and is called the Father of the Lok Sabha, but the Estimates Committee is not named to his recommendation. Option D is wrong because C. D. Deshmukh, though a Finance Minister and earlier a Governor of the Reserve Bank, is not associated with the creation of this committee.

Q7.Indian PolityMedium

How many members does each Departmentally Related Standing Committee of Parliament have?

  1. A.22 members
  2. B.25 members
  3. C.31 members
  4. D.45 members
Show answer
Correct answer: C. 31 members

Explanation

The correct answer is C, 31 members. Each Departmentally Related Standing Committee has thirty-one members, of whom twenty-one are nominated by the Speaker from the Lok Sabha and ten by the Chairman from the Rajya Sabha. The system began in 1993 with seventeen such committees and was reorganised in 2004, after which twenty-four committees cover the whole of the Union Government. A minister cannot be a member, and the term is one year. These committees examine the demands for grants of their ministries, Bills referred to them, annual reports and long-term policy documents. Option A is wrong because twenty-two is the strength of the Public Accounts Committee and of the Committee on Public Undertakings. Option B is wrong because twenty-five does not correspond to any parliamentary committee and is a pure distractor. Option D is wrong because forty-five is not the size of any standing committee; the figure thirty, split twenty and ten, belongs to the Committee on Welfare of Scheduled Castes and Scheduled Tribes.

Q8.Indian PolityMedium

Which of the following statements about the chairperson of the Public Accounts Committee is correct?

  1. A.The chairperson is elected by the members of the committee
  2. B.The chairperson is appointed by the Speaker of the Lok Sabha
  3. C.The chairperson is nominated by the Prime Minister
  4. D.The Deputy Speaker is the ex officio chairperson
Show answer
Correct answer: B. The chairperson is appointed by the Speaker of the Lok Sabha

Explanation

The correct answer is B. The chairperson of the Public Accounts Committee is appointed by the Speaker of the Lok Sabha from among the Lok Sabha members of the committee, and since 1967 the settled convention has been to appoint a member belonging to the Opposition, which strengthens the committee as an instrument of accountability. A Rajya Sabha member of the committee cannot be made chairperson. Option A is wrong because the members elect nobody to the chair; they are themselves elected to the committee by proportional representation, but the chair is filled by appointment. Option C is wrong because the Prime Minister has no role at all here, and allowing the head of the government to choose the chair of the committee that audits the government would defeat its purpose. Option D is wrong because the Deputy Speaker is the ex officio chairperson of the Committee on Private Members Bills and Resolutions, not of the Public Accounts Committee; the Speaker chairs the Business Advisory, Rules and General Purposes Committees.

Q9.Indian PolityHard

Under which Schedule of the Constitution does the Speaker decide questions of disqualification of members on the ground of defection?

  1. A.Eighth Schedule
  2. B.Ninth Schedule
  3. C.Tenth Schedule
  4. D.Twelfth Schedule
Show answer
Correct answer: C. Tenth Schedule

Explanation

The correct answer is C, the Tenth Schedule. The Tenth Schedule, inserted by the Fifty-second Amendment Act of 1985, carries the anti-defection provisions, and Paragraph 6 of that Schedule says that a question of disqualification on the ground of defection shall be decided by the Chairman or the Speaker of the House concerned, whose decision is final. In Kihoto Hollohan against Zachillhu in 1992 the Supreme Court held that while deciding such a question the Speaker acts as a tribunal, so the decision is open to judicial review on limited grounds. Option A is wrong because the Eighth Schedule lists the languages recognised by the Constitution. Option B is wrong because the Ninth Schedule, added by the First Amendment in 1951, protects certain laws, mostly land reform laws, from challenge. Option D is wrong because the Twelfth Schedule, added by the Seventy-fourth Amendment, lists the eighteen subjects of municipalities.

Q10.Indian PolityEasy

Who was the first Speaker of the Lok Sabha, often called the Father of the Lok Sabha?

  1. A.Sachchidananda Sinha
  2. B.G. V. Mavalankar
  3. C.M. Ananthasayanam Ayyangar
  4. D.Hukam Singh
Show answer
Correct answer: B. G. V. Mavalankar

Explanation

The correct answer is B, G. V. Mavalankar. Ganesh Vasudev Mavalankar was the Speaker of the Constituent Assembly when it sat as a legislature and then became the first Speaker of the Lok Sabha in 1952, which is why he is remembered as the Father of the Lok Sabha; many of the conventions of the chair were laid down in his time. Option A is wrong because Sachchidananda Sinha was the temporary or provisional president of the Constituent Assembly at its first sitting in December 1946, after which Rajendra Prasad was elected its permanent president. Option C is wrong because M. Ananthasayanam Ayyangar was the first Deputy Speaker of the Lok Sabha and only later became Speaker, on Mavalankar death. Option D is wrong because Hukam Singh held the office of Speaker in the 1960s, well after the first term, and is not the first holder of the chair.

Q11.Indian PolityMedium

The salaries and allowances of the Speaker and the Deputy Speaker of the Lok Sabha are

  1. A.voted upon by Parliament every year
  2. B.charged on the Consolidated Fund of India
  3. C.paid out of the Contingency Fund of India
  4. D.fixed by the President from time to time
Show answer
Correct answer: B. charged on the Consolidated Fund of India

Explanation

The correct answer is B. Article 97 provides that the salaries and allowances of the Speaker and the Deputy Speaker of the House of the People and of the Chairman and the Deputy Chairman of the Council of States shall be such as Parliament may by law determine, and these are charged on the Consolidated Fund of India. A charged expenditure is not submitted to the vote of Parliament, which protects the independence of the office from the government of the day. Option A is wrong for exactly that reason: charged expenditure can be discussed but not voted. Option C is wrong because the Contingency Fund of India, under Article 267, is an imprest placed at the disposal of the President to meet unforeseen expenditure pending authorisation by Parliament; it is not used for regular salaries. Option D is wrong because these salaries are determined by Parliament by law and not by the President at discretion.

Q12.Indian PolityHard

Which pair of parliamentary committees is popularly described as the twin sisters of financial control?

  1. A.Public Accounts Committee and Estimates Committee
  2. B.Estimates Committee and Business Advisory Committee
  3. C.Committee on Public Undertakings and Rules Committee
  4. D.Committee of Privileges and Committee on Petitions
Show answer
Correct answer: A. Public Accounts Committee and Estimates Committee

Explanation

The correct answer is A. The Public Accounts Committee and the Estimates Committee are called the twin sisters of financial control because together they cover both ends of the spending cycle. The Estimates Committee looks at money about to be spent, examining the Budget estimates and suggesting economies, which earns it the name of continuous economy committee. The Public Accounts Committee looks at money already spent, examining appropriation accounts and the reports of the Comptroller and Auditor General, which is why its work is called a post-mortem of expenditure. Option B is wrong because the Business Advisory Committee only allots time for government business and is chaired by the Speaker. Option C is wrong because the Rules Committee frames and amends the rules of procedure and is not a financial committee, although the Committee on Public Undertakings is indeed the third financial committee. Option D is wrong because the Committee of Privileges and the Committee on Petitions deal with breaches of privilege and with citizens petitions respectively.

Frequently Asked Questions

Who decides whether a Bill is a Money Bill?

The Speaker of the Lok Sabha. Under Article 110(4) the Speaker endorses a certificate on a Money Bill when it is transmitted to the Rajya Sabha or presented to the President, and that certificate is final and cannot be questioned in any court or in either House.

Does the Speaker lose office when the Lok Sabha is dissolved?

No. The proviso to Article 94 keeps the Speaker in office until immediately before the first meeting of the next Lok Sabha, even though the House itself has ceased to exist. The Deputy Speaker continues in the same way.

Can a minister be a member of the Public Accounts Committee?

No. A minister cannot be elected to the Public Accounts Committee, the Estimates Committee, the Committee on Public Undertakings or a Departmentally Related Standing Committee, and if a member becomes a minister he or she ceases to be a member of the committee.

Which committee examines the audit reports of the Comptroller and Auditor General?

The Public Accounts Committee. It examines the appropriation accounts, the finance accounts and the audit reports of the Comptroller and Auditor General, who is described as the friend, philosopher and guide of the committee.

How many Departmentally Related Standing Committees are there and how large is each?

There are twenty-four such committees, each with thirty-one members, twenty-one nominated by the Speaker from the Lok Sabha and ten by the Chairman from the Rajya Sabha. The system started in 1993 with seventeen committees and was reorganised in 2004.

What is the difference between a standing committee and an ad hoc committee?

A standing committee is permanent and is reconstituted every year, such as the Public Accounts Committee. An ad hoc committee is appointed for a single task, such as a Select Committee on a particular Bill or a Joint Parliamentary Committee of inquiry, and ceases to exist once it submits its report.

Sources

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