Constitutional Position of Lok Sabha Speaker

The Speaker of the Lok Sabha (house of people) holds a high constitutional office, serving as the presiding officer, ceremonial head, and principal spokesperson of the House of the People.

Constitutional Provisions

• Establishment: Article 93 provides for the election of both the Speaker and the Deputy Speaker from among the members of the Lok Sabha.
• Tenure: The Speaker typically holds office for 5 years, coterminous with the life of the House.
• Post-Dissolution Continuity: Unlike other members, the Speaker does not vacate their office upon the dissolution of the Lok Sabha; they continue until immediately before the first meeting of the newly elected House.
• Casting Vote: Under Article 100, the Speaker does not vote in the first instance but has a casting vote to resolve a tie, ensuring the position remains impartial. 

Powers and Functions

• Final Interpreter: The Speaker is the final interpreter of the Constitution, the Rules of Procedure, and parliamentary precedents within the House.
• Money Bills: The Speaker has the final authority under Article 110 to certify whether a bill is a Money Bill, and this decision cannot be questioned in court.
• Anti-Defection Law: Under the Tenth Schedule, the Speaker decides on the disqualification of members on grounds of defection, a power subject to judicial review as per the Kihoto Hollohan case (1992).
• Joint Sittings: The Speaker presides over any joint sitting of the Lok Sabha and Rajya Sabha summoned by the President.
• Parliamentary Committees: The Speaker appoints the chairpersons of all parliamentary committees of the Lok Sabha and oversees their functioning.

Constitutional Status and Independence

• Order of Precedence: The Speaker ranks 6th, alongside the Chief Justice of India, placing them higher than all Cabinet Ministers except the PM and Deputy PM.
• Salary and Allowances: These are charged on the Consolidated Fund of India and are not subject to the annual vote of Parliament, ensuring financial independence.
• Security of Tenure: The Speaker can only be removed by a resolution passed by an effective majority (majority of all the then members) of the Lok Sabha after a 14-day notice.