How is the pro-tem Speaker of the Lok Sabha appointed? Elaborate on the duties and responsibilities associated with this position. (15M, 250 words) [GS-2: Indian Polity]

Introduction

• In the newly elected Lok Sabha, the Speaker is chosen by a simple majority vote. Until this selection occurs, a pro-tem Speaker is appointed to manage certain key functions. The term ‘pro-tem’ means ‘for the time being’ or ‘temporary’.
• As per Article 94 of the Indian Constitution: “Whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.”
• While the Constitution does not specifically mention the role of a pro-tem Speaker, the ‘Handbook on the Working of Ministry of Parliamentary Affairs’ details the ‘Appointment and Swearing in of Speaker pro-tem’.

Body

Appointment of the Pro-tem Speaker:

• The handbook outlines that when the Speaker’s position becomes vacant before the formation of a new Lok Sabha, a Member of the House is appointed by the President as Speaker pro-tem to carry out the Speaker’s duties temporarily.
• Typically, the President appoints three additional elected members of the Lok Sabha to witness the MPs taking their oath.
  The selection process usually favors the senior most members of the Lok Sabha (in terms of years served), although exceptions have occurred.
• After a new government is formed, the Legislative I Section of the Government of India prepares a list of the most senior Lok Sabha MPs.
• This list is presented to the Minister of Parliamentary Affairs or the Prime Minister, who then appoints an MP as the pro-tem Speaker and three additional members for administering the oath.

Duties of the Pro-tem Speaker:

• The primary responsibility of the pro-tem Speaker is to administer the oaths to the newly elected MPs. According to Article 99 of the Constitution, “Every Member of the House shall, before taking his seat, make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule of the Constitution.”
• The Minister of Parliamentary Affairs sends a formal request to the President for approval of the appointment of the Speaker pro-tem and the other three members. They also coordinate the date and time for the oath-taking ceremony.
• The President administers the oath of office to the Speaker pro-tem at the Rashtrapati Bhawan. Subsequently, the pro-tem Speaker administers the oath to the other three selected members.
• The pro-tem Speaker then, with the assistance of the remaining three members, administers the oath/affirmation to the newly elected members of the Lok Sabha.

Conclusion

The role of the pro-tem Speaker is crucial in ensuring a smooth transition in the Lok Sabha until a permanent Speaker is elected. By overseeing the oath-taking process, the pro-tem Speaker facilitates the functioning of the House from its very first session, thus maintaining continuity and stability in parliamentary proceedings.

This temporary yet significant position underscores the importance of seniority and experience in the parliamentary system, ensuring that seasoned members guide the House during this transitional phase.