Pro-tem Speaker

Pro-tem literally means “time being”. Pro-tem Speaker is a temporary speaker appointed for a limited time period to conduct the works in Lok Sabha or in state legislatures when the positions of Speaker and Deputy Speaker are vacant. The pro-tem speaker enables the House to elect a new Speaker. Once the new Speaker is elected, the office of the pro-tem Speaker ceases to exist.

Appointment

The name of pro-tem speaker is decided by the ruling party or alliance and sent to the President or Governor. Article 180 (1) of the Constitution gives the Governor the power to appoint a pro-tem Speaker.

Usually, the senior most member is elected as the pro-tem Speaker. The President/Governor administers the oath of office to the pro-tem Speaker.

Duties and Functions

• The main duty of the pro-tem Speaker is to administer the oath to the newly elected members of the House.
• The Bombay High Court in its 1994 judgement holds that a pro-tem is Speaker of the House “for all purposes with all powers, privileges and immunities” until the Speaker is elected. Hence, the powers of the pro-tem Speaker are co-extensive with the powers of elected Speaker.
• The pro-tem Speaker presides over the initial sittings of the newly constituted House before the election of the Speaker. He enables the House to function and elect a new Speaker.
• While the pro-tem Speaker does not exercise significant powers like defection decisions, he enjoys the same position, power, privileges and immunities as the regular Speaker when it comes to routine functioning and conduct of the House.

Cessation of Office

The office of the pro-tem Speaker ceases to exist once the new Speaker is elected by the House. The newly elected Speaker then takes over the functioning of the House. Hence, the pro-tem Speaker has a temporary office that lasts only for a few days until a Speaker is elected.

Need for Clarity

While the powers of the pro-tem Speaker are co-extensive with the regular Speaker, experts have pointed out that there is a need to bring greater clarity about the selection and powers of the pro-tem Speaker. This is important to uphold the credentials of democracy and conduct of legislative bodies. The qualifications and method of selection of the pro-tem Speaker can be more transparently defined.

Comparison with other Countries

In other parliamentary democracies like the United Kingdom, the Father of the House (the senior most member) typically presides over the House when it first convenes after a general election to elect a Speaker. The interim Presiding Officer has similar duties as India’s pro-tem Speaker during the short period before the Speaker is elected. Clear procedures for appointment, powers and cessation can strengthen Indian practice too.

Recent Examples

In the 17th Lok Sabha, BJP MP Virendra Kumar was appointed as the pro-tem Speaker who administered oath to the newly elected MPs. He then oversaw the election of Om Birla as the Speaker of the 17th Lok Sabha.