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PRO-TEM Speaker

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PRO-TEM SPEAKER

The 18th Lok Sabha will hold its first session from June 24 to July 3, during which the new Speaker of the House will be elected.

Until this happens, a pro-tem Speaker will be chosen to swear in the new Members of Parliament.

According to a PTI report, Prime Minister Narendra Modi will move the motion for election of the Speaker in the Lok Sabha on June 26.

Meanwhile, Congress leader Kodikunnil Suresh, as the senior most member of the Lok Sabha, is expected to be appointed as pro-tem Speaker.

WHO IS THE PRO-TEM SPEAKER?

Being the Presiding Officer of the Lok Sabha, the Speaker has to fulfil certain key duties related to its day-to-day proceedings.

THE CONSTITUTIONAL PROVISIONS FOR SPEAKER:

Article 94 of the Indian Constitution states: “Whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.”

In the new Lok Sabha, the Speaker of the House is decided by a simple majority. Until her selection, the pro-tem Speaker is chosen to administer some important duties. ‘Pro-tem’ essentially means ‘for the time being’ or ‘temporarily’.

ARE PROVISIONS WRT PRO-TEM SPEAKER ALSO MENTIONED IN THE CONSTITUTION?

The Constitution does not mention the post. However, the official ‘Handbook on the Working of Ministry of Parliamentary Affairs’ speaks about the ‘Appointment and Swearing in of Speaker pro-tem’.

HOW IS THE PRO-TEM SPEAKER CHOSEN?

The handbook states when the Speaker post falls vacant before a new Lok Sabha, “the duties of the Speaker are to be performed by a Member of the House appointed for this purpose by the President as Speaker pro-tem”.

Generally as per Parliamentary Convention, the senior most parliamentarian is chosen as pro-tem Speaker. However, exceptions have been there.

PURPOSE OF APPOINTING SPEAKER PRO-TEM

Administering oaths to the new MPs is the pro-tem Speaker’s primary duty.

Under Article 99 of the Constitution, “Every Member of the House shall, before taking his seat, make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule of the Constitution.

Normally, three other elected members of the Lok Sabha are also appointed by the President for the MPs to take oath before them. According to the handbook, the senior most members (in terms of number of years of membership of the House) are generally chosen for the purpose, though there have been exceptions.

THE THIRD SCHEDULE

The third schedule contains the forms of oaths or affirmations for the following:

  • Oath of office for a Minister of a Union & States
  • Oath of secrecy for a Minister of a Union & States
  • Oath or affirmation to be made by a candidate for election to Parliament & State Legislature.
  • Oath or affirmation to be made by a member of Parliament & member of Legislative Assembly of states.
  • Oath or affirmation to be made by the Judges of the Supreme Court.
  • Oath or affirmation to be made by the Comptroller and Auditor General of India. (CAG)
  • Oath or affirmation to be made by the Judges of a High Court.

https://www.mea.gov.in/Images/pdf1/S3.pdf

 

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