Office of Speaker of Lok Sabha

November 20, 2021

Syllabus: General Studies Paper 2

Context:

The All-India Presiding Officers’ Conference (AIPOC) ended with the delegates failing to reach a consensus on whether the Speaker’s powers under the anti-defection law should be limited while reiterating an earlier resolution that there should be no disruptions during Question Hour and the President’s and Governor’s address to the House.

OFFICE OF SPEAKER OF LOK SABHA

Article 93 of the Constitution provides for the election of the Speaker, which heads the lower house of the parliament.

Origin- The institution of Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms)

Provisions for Independence of Speaker

Security of tenure: Removal of speaker needs a resolution to be passed by effective majority >50% of total strength excluding vacancies

Salary and allowances: It is charged on the Consolidated Fund of India.

Restrain on Criticism: His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion

ROLE OF SPEAKER

With respect to Parliament:

Guardian of Parliamentary conventions: The speaker ensures the continuous traditions of parliamentary conventions in India.
Joint Sitting: The speaker presides over Joint sitting [ Article 108]
Powers w.r.t. Money Bill: The Speaker is solely responsible for endorsing Money Bill [Article 110(1)]
Ensuring the effectiveness of Committees: Appoints chairpersons of all the parliamentary committees of the Lok Sabha and supervises their functioning. Example: Speakers like Shivraj Patil, played a crucial role in initiating 17 departmental standing committees.

With respect to Lok Sabha

Maintains decorum in the House: Speaker can take disciplinary actions to ensure the discipline of the House. E.g. The Speaker can suspend MPs disrupting proceedings of Lok Sabha.
Disqualification of members under Anti defection Law: As per 10h schedule, the speaker has the power to decide over the issue of disqualification of the legislator on grounds of defection.
Resolves deadlock: A Speaker uses his/her power to vote, in order to resolve a deadlock
Final Interpreter of Rules of Procedure: The business of the House is conducted according to definite and settled rules of procedure
Safeguards Privileges of Members: The speaker safeguards rights and privileges of members of Lok Sabha. E.g. No person can be arrested within the precincts of Lok Sabha without the permission of the Speaker.
Power to Adjourn the House: The speaker adjourns the House or suspends a meeting in the absence of a quorum.
Fix the Agenda of the House: The Speaker, in consultation with the business committee and the Prime Minister, fixes the agenda of the meetings of the House.
Permission to ask questions: The permission of the Speaker is necessary to ask questions to the ministers. This helps the speaker to prevent unnecessary and politically motivated questions while ensuring discussion on the important questions.
Introduction of Bills: Bills, reports, motions and resolutions are introduced with Speaker’s permission.

Administrative Role

Head of the Secretariat: The Speaker is also the head of the Lok Sabha Secretariat and has authority over the Secretariat staff of the House.
Parliament House: No alteration can be made in the Parliament House and no new structure can be created in Parliament Estate without the Speaker’s permission.
Communication: It is through the Speaker that the decisions of the House are communicated to individuals and authorities outside the Parliament.
Prescribes format: Speaker decides the form and manner in which the proceedings of the House are published.

Inter and Intra parliamentary Relations

Chairman of the Indian Parliamentary Group: The speaker is a link between the Parliament of India and the various parliaments of the world.
Other Legislative bodies’ conference: Acts as the chairman of the conference of presiding officers of legislative bodies in India.

ISSUES WITH THE POST OF SPEAKER

Impartiality: Speaker is elected to the house on a Political party’s ticket, hence jeopardizing his/her Impartiality. Speaker is politically more liable to favour his party.
Disqualification of members:
The role of the speaker has been criticised for disqualification of MLAs under the anti-defection law and their ruling has been challenged in courts.
There is a huge scope of discretion which has resulted in partisan behaviour towards ruling parties as seen in Uttarakhand and Arunachal Pradesh.
No time limit has been prescribed in the constitution for the delay in decisions.
In the Kihoto Hollohan case, 1992 the SC declared that the speaker is subject to judicial review.
Discretionary power: There are various instances where discretionary power to ascertain any bill as a Money Bill is misused. E.g. Criticism when the Aadhar bill was introduced in Lok Sabha as Money Bill.
Judicial Review in Money Bills: In matters of declaration of Money Bill, the decision of the speaker is beyond judicial review
Increased disruption: Frequent disruptions due to lack of proactiveness of speaker reduce the time required for important discussions.
Discretion in Rules interpretation: Speaker has the power to interpret Lok Sabha rules, which sometimes bring partisan behaviour towards the ruling party.

Why the Speaker prefers to maintain party membership

Lack of Protection to office: The electoral system and conventions in India have ‘not developed to ensure protection to the office, there are cogent reasons for Speakers to retain party membership.

Elections: Elections are not always by consensus and there have been cases when different parties have fielded their own candidates.

Next Term of Elections: All political parties campaign in the constituency of the Speaker. Bleak chances of Reappointment: Even if the Speaker is re-elected to the House, the office of the Speaker in India is still open for elections

WAY FORWARD

Recommendations by the Supreme Court Provision of a Permanent Tribunal –The Parliament may seriously consider a Constitutional amendment to substitute the Speaker of the Lok Sabha and Legista Assemblies with a ‘permanent Tribunal headed by a retired Supreme Court judge e retired Chief Justice of a High Court. This will ensure that such disputes are decided both swiftly and impartially.
Replicating the UK model: Once elected, the Speaker gives up all-partisan affiliation, as in British Parliament, but remains in office until retirement, even though the majority may change.
On matters of Independence Case Study: Dr N. Sanjiva Reddy, the Speaker of the fourth Lok Sabha, formally resigned from his political party.
V. S. Page Committee: If the speaker conducted herself/himself in an impartial and efficient manner, she should be allowed to continue in the next parliament.
Role of the speaker under 10 Schedule Dinesh Goswami Committee on Electoral Reforms (1990): The issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.

To ensure that India improves its performance in the Democracy Index, it is important that we begin to holistically reform the Parliamentary structure, rightly beginning with the office of Speaker. As the Speaker represents the House, the House represents the nation. Hence, the Speaker becomes a symbol of the nation’s freedom and liberty. Therefore he/she should be a person of outstanding ability and impartial in nature.

The Hindu Link:

https://www.thehindu.com/news/national/no-consensus-on-limiting-speakers-powers/article37568443.ece

Question: Once a speaker, always a speaker Do you think this practice should be adopted to impart objectivity to the office of the speaker of Lok sabha? What could be its implications for the robust functioning of parliamentary business in India?