Officers of the State Legislature: Speaker, Deputy Speaker, Chairman, Deputy Chairman

At a Glance

• What it is The presiding officers of the two Houses
• Assembly Speaker and Deputy Speaker
• Council Chairman and Deputy Chairman
• Removal Effective majority with 14 days’ notice
• Exam link UPSC Prelims, Polity: State Legislature

Where Does It Fit?

This is the sixth topic of the category on the State Legislature. Each House of the state legislature has its own presiding officer, with a panel of chairmen for the assembly and vice-chairmen for the council.

Speaker of the Assembly

The Speaker is elected by the assembly from among its members. The Speaker usually remains in office during the life of the assembly but vacates earlier on ceasing to be a member, on resigning by writing to the Deputy Speaker, or on removal by a resolution passed by a majority of all the then members (effective majority) after 14 days’ notice. The powers and duties include: maintaining order and decorum, being the final interpreter of the Constitution, the rules and precedents within the assembly, adjourning or suspending the House for want of quorum, a casting vote in a tie only, allowing a secret sitting at the request of the leader of the House, deciding whether a bill is a money bill (final), deciding disqualification on the ground of defection under the Tenth Schedule, and appointing committee chairmen while being chairman of the Business Advisory Committee, the Rules Committee and the General Purposes Committee.

Deputy Speaker and Panel

The Deputy Speaker is elected by the assembly after the Speaker and vacates office in the same three ways: ceasing to be a member, resigning by writing to the Speaker, or removal by an effective majority after 14 days’ notice. The Deputy Speaker performs the duties of the Speaker when the office is vacant and acts as Speaker when the Speaker is absent, with all the powers. The Speaker nominates a panel of chairmen, any of whom can preside in the absence of the Speaker and the Deputy Speaker with the same powers until a new panel is nominated.

Chairman and Deputy Chairman of the Council

The Chairman of the council is elected by the council from among its members and vacates office on ceasing to be a member, resigning by writing to the Deputy Chairman, or removal by an effective majority after 14 days’ notice. As a presiding officer, the Chairman’s powers are similar to the Speaker’s, except that the Speaker alone decides whether a bill is a money bill. The Deputy Chairman is elected by the council, resigns by writing to the Chairman and performs the Chairman’s duties when vacant or acts as Chairman in absence. The Chairman nominates a panel of vice-chairmen who preside in the absence of the Chairman and Deputy Chairman. The salaries and allowances of all four officers are fixed by the state legislature and charged on the Consolidated Fund of the State, so they are not subject to the annual vote.

Privileges of the State Legislature

Privileges of a state legislature are the special rights, immunities and exemptions enjoyed by the Houses, their committees and members, necessary to secure independence and effectiveness. The Constitution extends them to the Advocate General and state ministers, but they do not extend to the Governor, who is an integral part of the legislature. Collective privileges include publishing proceedings, excluding strangers, making rules, punishing for contempt, receiving information on a member’s arrest, conducting inquiries, immunity from court inquiry into proceedings and a bar on arrests within the precincts without the presiding officer’s permission. Individual privileges include freedom from arrest in civil cases during the session and 40 days before and after, freedom of speech in the legislature and exemption from jury service.

Why Is This Topic Important?

• Comparison with Parliament Questions often ask Speaker versus Lok Sabha Speaker
• Removal procedure 14 days and effective majority
• Privileges Same as Parliament

What Came Next?

The next topic covers legislative procedure in the state legislature.

Key People and Terms

• Effective majority Majority of all the then members
• Panel of chairmen Presiding members nominated by the Speaker
• Casting vote Vote only to break a tie
• Money bill certification Speaker alone
• Precincts The premises of the House

Exam Corner

Mains Angle

Questions on this topic usually ask about the impartiality of the Speaker. Use these points to add depth.

• Impartial chair Casting vote only
• Anti-defection role Subject to review
• Removal safeguards Effective majority
• Privileges Collective and individual