Table of Contents
Introduction: Officers of the Parliament
Part V, Chapter II of the Indian Constitution, specifically Articles 89 to 98, outlines the roles, responsibilities, and operational protocols for the officers of the Parliament.
These officers ensure the smooth functioning and administration of the two houses of Parliament—the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
This chapter addresses the election, duties, and privileges of the Chairman, Deputy Chairman, Speaker, and Deputy Speaker, as well as the secretarial staff supporting the Parliament.
Articles at a Glance (Officers of the Parliament)
| Article 89: The Chairman and Deputy Chairman of the Council of States. |
| Article 90: Vacation and resignation of, and removal from, the office of Deputy Chairman. |
| Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman |
| Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. |
| Article 93: The Speaker and Deputy Speaker of the House of the People. |
| Article 94: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. |
| Article 95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. |
| Article 96: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. |
| Article 97: Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. |
| Article 98: Secretariat of Parliament. |
Article 89: Chairman and Deputy Chairman of the Council of States
Article 89 of the Indian Constitution designates the Vice-President of India as the ex officio Chairman of the Rajya Sabha. This means that the Vice-President automatically assumes the role of the Chairman of the Rajya Sabha by virtue of holding the office of the Vice-President.
- Duties and Responsibilities: The Chairman of the Rajya Sabha presides over its sessions, ensuring order and decorum during debates and proceedings. The Chairman also has a casting vote in case of a tie on any issue but does not participate in regular voting.
- Election of Deputy Chairman: The Deputy Chairman is elected by the Rajya Sabha members from among themselves. This election is crucial as the Deputy Chairman assumes the Chairman’s duties in their absence or during any period when the Vice-President is acting as the President of India.
Article 90: Vacation and Resignation of, and Removal from, the Office of Deputy Chairman
This article addresses the scenarios in which the Deputy Chairman may vacate their position:
- Vacating Office: The Deputy Chairman vacates the office if they cease to be a member of the Rajya Sabha.
- Resignation: The Deputy Chairman can resign by writing to the Chairman.
- Removal: The Deputy Chairman can be removed by a resolution passed by a majority of the Council’s members, provided a 14-day notice has been given before the resolution is moved.
Article 91: Acting Chairman of the Council of States
In the Absence of the Chairman:
- Duties Performed by Deputy Chairman: If the Chairman’s office is vacant or the Vice-President is acting as President, the Deputy Chairman performs the Chairman’s duties.
- Other Arrangements: If the Deputy Chairman’s office is also vacant, the President can appoint a Rajya Sabha member to act as the Chairman.
During Sessions:
- In the Chairman’s absence during a session, the Deputy Chairman presides over the meeting. If both are absent, a member determined by the Council’s rules or decided by the Council will act as Chairman.
Article 92: Presiding Officer’s Role during Removal Consideration
Article 92 stipulates that neither the Chairman nor the Deputy Chairman shall preside over any session where a resolution for their removal is under consideration. However, they have the right to participate in the proceedings during such discussions but cannot vote on the resolution or any other matter during these proceedings.
Article 93: Speaker and Deputy Speaker of the House of the People
Article 93 of the Constitution mandates the Lok Sabha to elect a Speaker and a Deputy Speaker as soon as possible after its first sitting. These officers play a pivotal role in managing the Lok Sabha’s operations.
- Roles and Functions: The Speaker presides over the sessions of the Lok Sabha, maintaining order and decorum during debates and proceedings. The Speaker is responsible for ensuring that the house operates smoothly and that the rules of procedure are followed. The Deputy Speaker assists the Speaker and assumes their duties in their absence.
Article 94: Vacation and Resignation of, and Removal from, the Offices of Speaker and Deputy Speaker
Article 94 outlines the conditions under which the Speaker or Deputy Speaker must vacate their office:
- If they cease to be a member of the Lok Sabha.
- If they resign by writing to the Deputy Speaker (in the case of the Speaker) or to the Speaker (in the case of the Deputy Speaker).
- If removed by a resolution passed by a majority of all the then members of the Lok Sabha, provided that at least fourteen days’ notice has been given of the intention to move the resolution.
Article 95: Acting Speaker of the House of the People
Article 95 allows the Deputy Speaker to perform the Speaker’s duties when the office of the Speaker is vacant or when the Speaker is absent. If both offices are vacant or if both officials are absent, another member appointed by the President will act as the Speaker.
Article 96: Presiding Officer’s Role during Removal Consideration
Article 96 states that the Speaker or the Deputy Speaker cannot preside over any session where a resolution for their removal is being considered. However, similar to the Rajya Sabha’s provisions, they can participate in the proceedings but are only entitled to vote in the first instance on such a resolution.
Article 97: Salaries and Allowances of Parliamentary Officers
Article 97 specifies that the Chairman, Deputy Chairman, Speaker, and Deputy Speaker receive salaries and allowances as determined by Parliament by law. Until such provisions are made, their compensation is outlined in the Second Schedule of the Constitution. These salaries and allowances ensure that the officers can perform their duties without financial constraints, reflecting the importance of their roles in the parliamentary system.
Article 98: Secretariat of Parliament
Article 98 provides for a separate secretarial staff for each house of Parliament. This staff is crucial for the day-to-day administrative functions and supports the operations of both the Lok Sabha and Rajya Sabha. However, the article also allows for the creation of posts common to both Houses if needed. Parliament has the authority to regulate the recruitment and conditions of service for these secretarial staff members. Until such laws are enacted, the President, after consulting with the Speaker or Chairman, can make rules regarding the recruitment and service conditions.
Read More: Indian Parliament: Part 5, Chapter II (General)
Conclusion
Part V, Chapter II of the Indian Constitution defines the roles and responsibilities of the key parliamentary officers and the procedural norms for their functions. These provisions ensure that the legislative process is carried out with efficiency, impartiality, and accountability. By outlining the election, duties, and removal processes for these officers, the Constitution guarantees the smooth functioning of India’s legislative framework.