Understand the role, powers, appointment, and constitutional significance of the Pro-Tem Speaker in India for UPSC & APSC ( Prelims & Mains ).
Why in News?
Chandra Mohan Patowary was sworn in as the Pro-Tem Speaker of the 16th Assam Legislative Assembly. He administered the oath to newly elected MLAs and presided over the initial proceedings of the Assembly until the election of the permanent Speaker.
What is a Pro-tem Speaker?
The term “Pro-tem” is derived from a Latin phrase meaning “for the time being.” Accordingly, a Pro-tem Speaker is a temporary presiding officer appointed to conduct the proceedings of the Lok Sabha or a State Legislative Assembly until the regular Speaker is elected.
Constitutional Basis
The Constitution of India does not explicitly mention the term “Pro-tem Speaker.” However, the practice has evolved through parliamentary conventions and constitutional necessities.
Relevant constitutional provisions include:
- Article 93 – Election of Speaker and Deputy Speaker of Lok Sabha.
- Article 95 – Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker (Lok Sabha).
- Article 188 – Oath or affirmation by members of State Legislatures.
- Article 180 – Power of Deputy Speaker or other person to perform duties of Speaker (State Legislature).
- Article 99 – Oath by Members of Parliament.
Who Appoints the Pro-tem Speaker?
The President appoints the Pro-tem Speaker for the Lok Sabha, while the Governor appoints the Pro-tem Speaker for State Legislative Assemblies.
Generally, by convention:
- The senior-most member of the House is selected
- The appointment is made after consultation with the assembly members
- The President/Governor administers the oath to the Pro-tem Speaker
Duties and Functions of the Pro-tem Speaker
1.Presiding Over the First Sitting
The Pro-tem Speaker conducts the first session of the newly elected House until the permanent Speaker is chosen.
2. Administering Oath to Members
The Pro-tem Speaker administers the oath or affirmation to newly elected MPs or MLAs before they take their seats.
3. Conducting Election of Speaker
The Pro-tem Speaker oversees the election process for the regular Speaker of the House.
4. Conducting Floor Test
In situations involving political uncertainty, the Pro-tem Speaker may conduct a floor test to determine whether the government enjoys majority support in the House.
Duration of Office
The office of the Pro-tem Speaker is temporary in nature.
It ceases immediately after:
- The election of the permanent Speaker, or
- Completion of assigned duties
Thus, the Pro-tem Speaker does not hold a continuing constitutional office.
APSC & UPSC Prelims Practice Questions
Q. With reference to the Pro-tem Speaker in India, consider the following statements:
- The term “Pro-tem Speaker” is explicitly mentioned in the Constitution of India.
- The Pro-tem Speaker administers oath to newly elected members of the House.
- The office of the Pro-tem Speaker ceases after the election of the regular Speaker.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (b) 2 and 3 only
Explanation:
- Statement 1 is incorrect: The Constitution does not expressly mention the term “Pro-tem Speaker.” It is based on parliamentary convention.
- Statement 2 is correct: The Pro-tem Speaker administers oath to newly elected MPs/MLAs.
- Statement 3 is correct: The office is temporary and ends after the regular Speaker is elected.
Q. Who among the following appoints the Pro-tem Speaker of a State Legislative Assembly?
(a) Chief Minister
(b) Chief Justice of the High Court
(c) Governor
(d) Election Commission of India
Answer: (c) Governor
Explanation:
The Governor appoints the Pro-tem Speaker for State Legislative Assemblies, while the President appoints the Pro-tem Speaker for the Lok Sabha. Usually, the senior-most member is selected by convention.
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