Topic: Functions and responsibilities of the Union and the States,
Q3. The Indian Constitution provides for a ‘quasi-judicial role’ for the Speaker in matters of disqualification. Critically assess the challenges this poses to impartiality and legislative independence. (10 M)
Difficulty Level: Medium
Reference: InsighstIAS
Why the Question:
The Speaker’s quasi-judicial role in disqualification matters has faced scrutiny due to rising instances of delays, partisan bias, and judicial interventions, making it a relevant issue for legislative integrity.Key Demand of the Question:
The answer must explain the Speaker’s quasi-judicial role, assess its impact on impartiality and legislative independence, and suggest practical reforms to address these concerns.Structure of the Answer:
Introduction:
Briefly introduce the Speaker’s quasi-judicial role under the Tenth Schedule and highlight concerns regarding neutrality.Body:
- Quasi-judicial role of the Speaker: Explain the Speaker’s constitutional powers under Articles 102(2) and 191(2) in disqualification matters. Mention landmark cases like Kihoto Hollohan (1992).
- Challenges to impartiality and legislative independence: Highlight key issues like partisan bias, delays in decision-making, and conflict of interest with relevant examples.
- Way Forward: Suggest reforms such as an independent tribunal, fixed timelines, and improved parliamentary oversight mechanisms.
Conclusion:
Emphasize the need for structural reforms to ensure that disqualification decisions are fair, transparent, and aligned with democratic principles.
