Speaker of the Legislative Assembly
The Speaker of the Legislative Assembly is an important position within the state legislature and is elected by the assembly members from among themselves.
Tenure and Vacancy
The Speaker's tenure typically aligns with the life of the assembly; however, the Speaker may vacate their position earlier under certain circumstances:
- Membership: If the Speaker is no longer a member of the assembly, they must vacate the office.
- Resignation: If the Speaker submits a written resignation to the Deputy Speaker.
- Removal: If the assembly passes a resolution by a majority of all current members (not just those present and voting), the Speaker can be removed. The resolution requires 14 days' advance notice.
Powers and Duties
- Order and Decorum: The Speaker's primary responsibility is to maintain order and decorum in the assembly for the smooth conduct of business.
- Final Interpreter: The Speaker serves as the final interpreter of the provisions of:
➤ The Constitution of India (within the context of the state legislature).
➤ The rules of procedure and conduct of business of the assembly.
➤ Legislative precedents within the assembly.
- Adjournments and Suspensions: The Speaker can adjourn the assembly or suspend meetings due to lack of quorum.
- Voting: The Speaker does not vote in the first instance but can cast a deciding vote in case of a tie.
- Secret Sitting: Upon the request of the leader of the House, the Speaker may allow a 'secret' sitting.
- Money Bill Certification: The Speaker determines whether a bill qualifies as a Money Bill, and their decision is final.
- Defection Decisions: The Speaker decides on disqualification of assembly members under the Tenth Schedule, relating to defection.
- Committee Appointments: The Speaker appoints the chairpersons of all assembly committees and oversees their functioning. The Speaker chairs committees such as the Business Advisory Committee, the Rules Committee, and the General Purpose Committee.
Deputy Speaker of the Legislative Assembly
The Deputy Speaker is also elected by the assembly from among its members, following the election of the Speaker.
Tenure and Vacancy
The Deputy Speaker's tenure mirrors that of the assembly and follows similar conditions for vacating the office:
- Membership: If the Deputy Speaker ceases to be a member of the assembly, they must vacate the office.
- Resignation: If the Deputy Speaker submits a written resignation to the Speaker.
- Removal: The Deputy Speaker can be removed by a resolution passed by a majority of all then-current members of the assembly, with 14 days' advance notice required.
Roles and Responsibilities
- The Deputy Speaker performs the duties of the Speaker when the office is vacant or the Speaker is absent from a sitting of the assembly. In these instances, the Deputy Speaker exercises all the powers of the Speaker.