Chapters :
  • LIBERAL INTELLECTUAL PRINCIPLES – 07

  • RAJYASABHA AND LOKSABHA

  • PRESIDING OFFICERS

LIBERAL INTELLECTUAL PRINCIPLES – 07

RajyaSabha and LokSabha
7 Qualification 1) He must be a citizen of India 2) He must not be less than 30 years of age 3) He must make an oath or affirmation before the President or a person appointed by him. 1) He must be a citizen of India 2) He must not be less than 25 years of age 3) He must make an oath or affirmation before the President or a person appointed by him.
8 Disqualification 1) If he holds an office of profit under the union or state governments (except offices that are exempted by Parliament) 2) If he is not a citizen of India 3) If he is of unsound mind 4) If he is an undischarged insolvent. He can also be disqualified under any law enacted by the Parliament in this regard. In the question of disqualification, President’s decision is final. 1) If he holds an office of profit under the union or state governments (except offices that are exempted by Parliament) 2) If he is not a citizen of India 3) If he is of unsound mind 4) If he is an undischarged insolvent. He can also be disqualified under any law enacted by the Parliament in this regard. In the question of disqualification, President’s decision is final.
9 Defection Disqualification on the ground of defection under the  tenth schedule is decided by the Chairman of RS not by the President. The disqualification is subjected to judicial review. Disqualification on the ground of defection under the tenth schedule is decided by the Speaker of LS, not by the President. The disqualification is subjected to judicial review.
  Presiding Officers      
S.No LokSabha
1 There is a Speaker and a Deputy Speaker.
2 A panel of Chairpersons are appointed.
3 The Speaker: 1) He is elected by the LS from amongst its members. 2) He does not take any oath or affirmation before assuming the office. 3) He is chosen from the ruling party. 4) He is the Head of LS, while Prime Minister is the Leader of LS. 5) His primary function is maintenance of order in the house, in this respect, his actions cannot be questioned in any court. 6) He is the final interpreter of the constitution within the house. 7) He presides over joint sittings. 8) He does not vote in first instance. 9) He decides whether a bill is a money bill or not and his decision is final. 10) He decides on disqualification on the ground of defection. But this is subject to judicial review. 11) He can allow for a secret sitting of LS. 12) He can be removed by a resolution passed by the LS with an absolute majority. 13) When a resolution for his removal is under consideration in the LS, he cannot preside over the house. But he can vote in the first instance since he is a member of LS.
 
The Deputy Speaker: 1)  He is elected by the LS from amongst its members and he does not take any oath or affirmation. 2) When the office of Speaker is vacant or the Speaker is absent, the Deputy Speaker assumes office and discharges the functions. 3) He is not subordinate to the Speaker. He is directly responsible to the LS. 4) Whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman. 5) He is chosen from the opposition party. 6) He can be removed by a resolution passed by the LS with an absolute majority.
The Panel of Chairpersons: 1) The Speaker nominates not more than ten members from amongst the members of LS as chairpersons. 2) Any one among them will discharge the functions of the Speaker during the absence of Speaker and Deputy Speaker. 3) They cannot act as Speaker when the offices of Speaker and Deputy Speaker are vacant. In that case the President may appoint a person for the purpose.
RajyaSabha
There is a Chairman and a Deputy Chairman.
A panel of Vice-Chairpersons are appointed.
The Chairman: 1) The Vice President is the ex-officio chairman of RS. 2) He is not a member of RS. 3) He cannot vote in the first instance. He can only provide a casting vote. 4) When a resolution for his removal is under consideration in the RS, he cannot preside over the house. He cannot vote in the first instance also since he is not a member of RS. 5) When the Vice President acts or discharges the functions of President, he will not deliver the functions of chairman of RS. 6) The Chairman can be removed from his office only when he is removed from the office of Vice President. 7) He decides on disqualification on the ground of defection. But this is subject to judicial review. 8) He can be removed by a resolution passed by the RS with an absolute majority.
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