GS Paper 2
Syllabus: Indian Parliament
Source: TH
Context: The article discusses the need for impartiality and integrity in the functioning of Speakers in Indian parliamentary bodies.
About Speaker:
| Role of a Speaker | Definition |
| Who is a Speaker? | A presiding officer in a legislative body responsible for maintaining order during debates, ensuring rules are followed, and representing the institution. Typically elected by members, they play a crucial role in the legislative assembly’s functioning. |
| Constitutional Articles | Article 93 and Article 178 of the Indian Constitution govern the election of the Speaker and Deputy Speaker in the Lok Sabha and State Assemblies. |
| Origin | Originated in medieval Britain as a House of Commons spokesman. Initially seen as an agent of the Crown until the 17th century. Evolved to be an impartial Chairman since the 19th century. |
| Powers and Functions of the Speaker | The final interpreter of the provisions of the Constitution, Rules of Procedure, and parliamentary precedents |
| Presides over joint sittings of both Houses of Parliament | |
| Makes final decisions regarding disqualifications of members under the Anti-defection Act | |
| Appoints chairmen of parliamentary committees and supervises their functioning | |
| Maintains quorum and decorum in the house for conducting its business | |
| Decides whether a bill is a money bill, and this decision is final | |
| Can allow a secret sitting of the House at the Leader of the House’s request | |
| Has a casting vote in case of a tie | |
| Importance of Speaker’s Independence | Supreme Authority in the Lok Sabha/State Assembly, with vast powers to ensure the orderly conduct of business |
| Symbol of the nation’s freedom and liberty | |
| Conscience and guardian of the House | |
| Represents the collective voice of the parliament/ State assembly |
Issues with the functioning of speakers in India:
| Issues | Examples |
| Favour Ruling Party | Several judgments on the anti-defection law highlight partisan conduct of speakers in state assemblies. |
| Recently, the leader of the Congress party in the Lok Sabha, Adhir Ranjan Chowdhury, was suspended for his remarks against the Prime Minister (which was later revoked) | |
| Party Interest Over National Interest | Speakers who are active members of the ruling party may refuse essential debates in the national interest to avoid embarrassing the ruling party. |
| Increased Disruption in Parliament | Partisan conduct and apathy of the speaker towards opposition demands lead to frequent disruptions in Parliament by the Opposition. |
| Disruption of Parliament damages its prestige and hinders its primary function of making laws through careful debate. | |
| Bills are Not Referred to Committees | Stalling parliamentary proceedings has resulted in the passing of significant bills without discussion. |
| E.g., In the 2021 monsoon session of Lok Sabha, not a single bill was referred to any select committee for review. | |
| Wide Discretion | Speakers exercise wide discretion in matters of Money Bills, decorum maintenance, and the suspension of members. |
| Bills are sometimes labeled as ‘Money Bills’ to bypass the Upper Houses. E.g., The Aadhar bill, introduced as a Money bill | |
| Misuse of Powers under the 10th Schedule | The role of the Speaker in recent political crises, such as in Maharashtra (2022), has raised concerns about the misuse of powers under the 10th Schedule. |
| Other Examples include the dismissal of governments in Uttarakhand and Arunachal Pradesh, where Speakers helped ruling parties by disqualifying MLAs under the 10th Schedule | |
| Appointment System | – Speakers are typically elected by the ruling party, leading to questions about their independence from party influence. |
| Lack of Tenure Security | The Constitution of India doesn’t provide a fixed tenure for speakers, making their position dependent on their selection, which can influence their actions in the House. |
Associated Cases:
- Kihoto Hollohan vs Zachillhu (1992): Minority judges argued that the Speaker’s power to decide on defections undermines democratic principles.
- Nabam Rebia v Bemang Felix case (2016),the Supreme Court held that it is “constitutionally impermissible” for a speaker to proceed with disqualification proceedings, if a no-confidence motion against him is pending.
- Keisham Meghachandra Singh vs The Hon’ble Speaker Manipur (2020): The Supreme Court recommended amending the Constitution to create an independent tribunal led by judges to handle such matters.
Suggestions to improve the impartiality of the Speaker in India:
| Suggestions | Explanation |
| Resignation from Political Party | Upon selection as Speaker, the individual should resign from their political party to avoid conflicts of interest. |
| Ireland Model | Follow the Ireland model, where the Speaker is someone who has given up political ambitions and built credibility. |
| British Model (‘Once a Speaker, Always a Speaker’) | Adopt the British model, where Speakers usually remain unopposed by major political parties, enhancing objectivity. |
| Adopt practices from the UK, where Speakers resign from associated political parties to reflect impartiality | |
| Continuity Based on Impartiality | A committee, like the one headed by V.S. Page, suggested allowing Speakers to continue if they have been impartial and efficient in their previous tenure. |
| Election on an Independent Ticket | It is suggested that, anyone seeking the position of Speaker may be required to run for election on an independent ticket. |
| Disqualification Power Shift | Shift the power of disqualification under the anti-defection law to the President or Governor, who decide based on the suggestions of the Election Commission of India (2nd ARC recommendation). |
| Imposition of Disciplinary Actions | Grant the Speaker the power to impose various disciplinary actions, such as a salary cut for members disrupting the house. |
| Formation of a Parliamentary Committee | Allow the Speaker to create a parliamentary committee to recommend the removal of MPs who regularly disrupt the house. The committee’s decisions should be subject to judicial review. |
| Independent Tribunal for Disqualification | Establish an independent tribunal to resolve questions related to the disqualification of members based on defection. |
Conclusion
Jawaharlal Nehru rightly mentioned on Speaker’s role, “The speaker represents House. He represents the dignity of the house, the freedom of the house and because the House represents a nation, in particular, way speaker becomes a symbol of national freedom and dignity. Therefore a free position should always be occupied by the persons of outstanding ability and impartiality
Mains Links:
What are the roles and responsibilities of the speaker of Lok Sabha? How is the Deputy Speaker of Lok Sabha elected? The office of the Deputy Speaker is not a ceremonious post but a constitutionally mandated one. Comment on its importance. (15M)
