Introduction 

• The Constitution of India, 1950, (COI) lays down the framework for the governance of the country, including the structure and functioning of Parliament. 
• The officers of Parliament are integral to this framework, providing essential support to the legislative process.  
• Their roles are defined to ensure that the Parliament operates efficiently and effectively, maintaining order and discipline during sessions. 
• Part V of the Constitution states the provisions for officers of parliament. 

Significance of Officers of Parliament 

• The officers of Parliament are essential for the following reasons: 
  • Maintaining Order: They ensure that debates and discussions are conducted in a disciplined manner, which is crucial for effective governance. 
  • Facilitating Legislation: By managing the legislative process, they help in the timely passage of laws and policies. 
  • Upholding Democracy: The officers play a key role in ensuring that the democratic principles enshrined in the Constitution are upheld during parliamentary proceedings. 

Provisions Related to Officers of Parliament  

• Article 89: Chairman and Deputy Chairman of the Council of States 
  • The Vice-President of India serves as the ex officio Chairman of the Council of States.  
  • The Council of States must choose one of its members to serve as Deputy Chairman as soon as possible after formation.  
  • Whenever the office of Deputy Chairman becomes vacant, the Council must choose another member to fill this position.
• Article 90: Office of Deputy Chairman 
  • A Deputy Chairman of the Council of States will vacate their office under these conditions: 
    • If they cease to be a member of the Council of States, they must immediately vacate the office.  
    • They may voluntarily resign by submitting a written resignation to the Chairman.  
    • They can be removed through a resolution passed by a majority of all current Council members. 
    • For any resolution seeking removal of the Deputy Chairman, a mandatory notice period of fourteen days must be given before moving the resolution.
• Article 91: Acting Chairman Arrangements 
  • The Deputy Chairman shall perform the Chairman's duties in these situations: 
    • When the office of Chairman is vacant. 
    • When the Vice-President is acting as or discharging duties of President. 
  • If both Chairman and Deputy Chairman positions are vacant, the President may appoint any Council member to perform these duties. 
  • During any sitting where the Chairman is absent: 
    • The Deputy Chairman shall preside. 
    • If Deputy Chairman is also absent, a person determined by Council rules shall preside. 
    • If no such person is present, the Council shall determine who presides.
• Article 92: Presiding Over Removal Proceedings 
  • When a resolution for Vice-President's removal is under consideration: 
    • The Chairman shall not preside over the sitting. 
    • The same rules apply for the Chairman's absence. 
  • When a resolution for Deputy Chairman's removal is under consideration: 
    • The Deputy Chairman shall not preside. 
    • Alternative presiding arrangements will be made as per Article 91(2) of the COI. 
  • During Vice-President's removal proceedings: 
    • The Chairman may speak and participate in proceedings. 
    • The Chairman cannot vote on the resolution or any related matters.
• Article 93: Speaker and Deputy Speaker of the House of the People 
  • The House of the People must choose two of its members to serve as: 
    • Speaker. 
    • Deputy Speaker. 
  • These selections must be made as soon as possible after the House's formation. 
  • When either office becomes vacant, the House must choose another member for that position.
• Article 94: Office of Speaker and Deputy Speaker 
  • A Speaker or Deputy Speaker must vacate office if they cease being a House member. 
  • Resignation procedures: 
    • The speaker must submit resignation to the Deputy Speaker. 
    • Deputy Speaker must submit resignation to Speaker. 
  • Either can be removed by a House resolution passed by the majority of all members.    
  • Fourteen days' notice required for removal resolution. 
  • The speaker retains office until just before first meeting of new house after dissolution.
• Article 95: Acting Speaker Arrangements 
  • During Speaker's office vacancy: 
    • Deputy Speaker performs duties. 
    • If Deputy Speaker's office also vacant, President appoints a member. 
  • During Speaker's absence from sitting: 
    • Deputy Speaker presides. 
    • If Deputy Speaker is absent, House rules determine who presides. 
    • If no designated person is present, the House determines who presides.
• Article 96: Presiding Over Removal Proceedings 
  • Neither Speaker nor Deputy Speaker shall preside when their removal is under consideration. 
  • Speaker's rights during removal proceedings: 
    • May speak and participate in proceedings. 
    • Can vote only in the first instance. 
    • Cannot vote in case of a tie. 
• Article 97: Salaries and Allowances 
  • Parliament by law determines salaries and allowances for: 
    • Chairman and Deputy Chairman of Council of States. 
    • Speaker and Deputy Speaker of House of the People.  
  • Until Parliament fixes amounts, salaries and allowances specified in Second Schedule apply.
• Article 98: Parliamentary Secretariat 
  • Each House maintains separate secretarial staff. 
  • Common posts can be created for both Houses. 
  • Parliament may legislate on: 
    • Staff recruitment. 
    • Service conditions. 
  • Until Parliament makes such laws: 
    • President can make rules after consulting Speaker or Chairman. 
    • These rules remain subject to any future parliamentary law. 

Conclusion 

The officers of Parliament under the COI are vital to the functioning of the legislative branch of government. Their roles and responsibilities are designed to ensure that Parliament operates smoothly, maintaining order and facilitating the legislative process. Understanding the significance of these officers is essential for appreciating the democratic framework of India and the functioning of its Parliament.