Protem speaker/प्रो-टेम स्पीकर के बारे में:

Why in News ? In Delhi Assembly 2025, Arvinder Singh Lovely was appointed as the Pro-tem Speaker to oversee the assembly’s initial proceedings until the election of a permanent Speaker.

 About Protem speaker :

The Pro-tem Speaker is a temporary Speaker appointed to perform the duties of the Speaker until a new Speaker is elected by the legislative assembly after its constitution.

1. Constitutional Provisions:

The appointment and role of the Pro-tem Speaker are not explicitly detailed in the Indian Constitution but are governed by parliamentary conventions and the rules of procedure of legislative assemblies.

Key Provisions:

• Article 180(1) of the Constitution: It provides for a situation where the office of the Speaker is vacant and allows the Deputy Speaker or any person appointed by the Governor to perform the duties of the Speaker.
• Article 181: Addresses the powers of the Pro-tem Speaker when the Speaker and Deputy Speaker’s offices are vacant.

 Appointment Process:

• The Governor of the state appoints the senior-most member of the assembly (usually based on age or experience) as the Pro-tem Speaker.
• The appointment is typically made before the first session of the newly elected assembly.

Functions of the Pro-tem Speaker:

1. Administers the oath of office to newly elected members.
2. Oversees the election of the new Speaker of the assembly.
3. Ensures the smooth functioning of the house until the regular Speaker is elected.

 Legal Conflicts and Issues:

a) Disputes Regarding Appointment

• Appointment of the Pro-tem Speaker has occasionally led to political controversies, especially when seniority is bypassed or the choice appears politically motivated.

b) Case Laws

1. Kihoto Hollohan v. Zachillhu and Others (1992):

   • Supreme Court upheld the Speaker’s authority regarding matters like disqualification but emphasized the non-partisan nature of the office, which also applies to the Pro-tem Speaker.
   • This case underscores the impartiality expected from anyone in the Speaker’s role, even temporarily.

2. Nabam Rebia v. Deputy Speaker (2016)

   • Supreme Court ruled on the powers of the Speaker during constitutional crises, indirectly relevant to the Pro-tem Speaker’s responsibilities during transitions.

6. Challenges in the Role:

1. Political Neutrality: Ensuring impartiality while administering critical tasks like overseeing Speaker elections.
2. Time Constraints: Pro-tem Speakers operate under a limited mandate and timeframe.
3. Disputes Over Seniority: Instances where seniority as a criterion is contested.

Conclusion:

The role of the Pro-tem Speaker is crucial for the orderly transition of power in the legislature. Although governed more by convention than explicit constitutional provisions, the integrity and impartiality of the Pro-tem Speaker ensure democratic values are upheld during the assembly’s formative sessions.