Rule 5 referred to above is a special provision intended to cover the presiding officers of the houses of legislatures who on their election may like to express their firm resolve to function in a non-partisan manner by resigning and severing their links from their erstwhile political party. The rule also provides that no disqualification shall be incurred by such presiding officers voluntarily giving up their party membership on rejoining their party on ceasing to hold the office of the presiding officer. As such the Speaker cannot even rejoin his own party so long as he continues in office. If the political parties to which the Speaker(s) belonged were able to keep the speakers in terrorem then on all occasions the Speaker would be compelled to act as per the party diktat and not as the independent constitutional functionary that he is expected to be.

A member of the House comes to it, not only because he was given a ticket by his party, but also because he was elected by the voters. The party constitution cannot have an upper hand over the Tenth Schedule or other parts of the Constitution of India or other statutes and rules. In the present Lok Sabha, there are 36 political parties which have their own constitutions which can be amended in any manner they like. It is inconceivable that the Speaker of the Parliament will have to regulate his conduct as per such party constitutions and not as per the Constitution of India.

... contd.