'Conventions have been broken in past': Ex-Lok Sabha Secretary General on Deputy Speaker's post to Opposition

PDT Achary, former Secretary General of Lok Sabha, has said there is nothing unusual in the Opposition's move to put up its candidate for the Speaker's post. He said it has happened in the past where there was no consensus between the ruling party and the opposition.

"There is nothing unusual. There have been occasions where there were contests for the Speaker's post. The Opposition used to put a candidate. This is not the first time it is happening," Achary said in an exclusive conversation with India Today.  

The constitutional expert said that it was a democratic way, and there was no problem with that. "Many a time, the ruling party tries to work out a consensus...and there were consensus candidates. The ruling party has majority so they will get their candidate elected," he said when asked about the INDIA bloc's decision to field Congress MP K Suresh against Om Birla, NDA's nominee for the Speaker's post. 

The INDIA bloc has 234 MPs on its side while the NDA has 293. For the Speaker's post, a candidate needs to get a simple majority. Given the numbers as they stack up as of today, Om Birla is likely to sail through. 

The INDIA bloc decided to contest for the Speaker's post after its demand for the Deputy Speaker's post did not get favourable response from the government.  

Achary said there has been a convention to give the Deputy Speaker's post to the Opposition. He said a person from the main opposition party used to be the Deputy Speaker in the beginning. However, he said, there were departures from that on many occasions. "Sometimes, the ruling party would give this post to a party which is thought in the opposition but closer to the ruling party."

"Various considerations come into play. If there is an agreement between the ruling party and the opposition, the deputy speaker's post will be given to the main opposition party. The initiative has to be taken by the ruling party," the expert said, adding that a consensus could have been worked out if the ruling party had offered the deputy speaker's post to the opposition.

When asked whether this was mere a posturing as the numbers favour Om Birla, Achary said the opposition has a democratic right to put up its own candidate if the government does not agree to its demand for the Deputy Speaker's post. 

Speaker: Role, Powers and Functions

The Speaker is the presiding officer of the House. He is the guardian of the powers and privileges of the members, the House as a whole, and its committees. His decision on all the Parliamentary matters is final. He is thus much more than merely the presiding officer of the Lok Sabha. 

The Speaker's role becomes crucial when it comes to the defection of MPs. He decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule. In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is
subject to judicial review. 

The Speaker maintains order and decorum in the Lower House for conducting its business and regulating its proceedings. This is his primary responsibility and he has final power in this regard. He is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House. 

He presides over a joint sitting of the two Houses of Parliament. He can allow a 'secret' sitting of the House at the request of the Leader of the House. When the House sits in secret, no stranger can be present in the chamber, lobby, or galleries except with the permission of the Speaker.

The Speaker decides whether a bill is a money bill or not and his decision on this question is final. When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the President for assent, the Speaker endorses on the bill his certificate that it is a money bill.