Role of the Speaker | 12 Jun 2024

Source: IE

Why in News? 

The upcoming session of the 18^th Lok Sabha underscores the crucial role of the Speaker in the case of coalition government not only for the smooth functioning of the house but also for the balance of power between the ruling party and its allies, as well as the opposition.

What are the Key Facts About the Speaker in India?

• About:
  • The Speaker is the constitutional and ceremonial head of the House.
  • Each House of Parliament has its own presiding officer.
  • There is a Speaker and a Deputy Speaker for the Lok Sabha and a Chairman and a Deputy Chairman for the Rajya Sabha.
  • The Speaker is assisted by the Secretary-General of the Lok Sabha and senior officers of the Secretariat on parliamentary activities, practice and procedure.
  • In the absence of the Speaker, the Deputy Speaker discharges the functions.
    • A member from the panel of Chairmen presides over the House in the absence of both the Speaker and the Deputy Speaker. However, member of the panel of chairpersons cannot preside over the house, when the office of the Speaker or the deputy speaker is vacant.
• Election:
  • The House elects its presiding officer by a simple majority of members present, who vote in the House.
  • Usually, a member belonging to the ruling party is elected as speaker whereas deputy speaker is elected from opposition party .
    • There are also instances when members not belonging to the ruling party were elected to the office of the Speaker.
    • GMC Balayogi and Manohar Joshi belonging to the non-ruling party served as the Speaker in the 12th and 13th Lok Sabha. 
  • When the Lok Sabha is dissolved, the Speaker remains in his office till the first meeting of the new assembly when the new speaker is elected.
• Removal:
  • The Constitution has given the Lower House authority to remove the Speaker if needed. 
    • The House can remove the Speaker through a resolution with notice of 14 days, passed by an effective majority (more than 50% of the effective strength (total strength-vacancies) of the house present and voting) as per Articles 94 of the Indian Constitution.
  • The Speaker can also be removed on getting disqualified from being a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951.
  • A speaker can also give his resignation to a Deputy Speaker.
• Sources of Power and Duties: 
  • The Speaker of the Lok Sabha derives his powers and duties from three sources: 
    • Constitution of India, 
    • Rules of Procedure and Conduct of Business of Lok Sabha,
    • Parliamentary Conventions (residuary powers that are unwritten or unspecified in the rules)
• Provisions to Ensure Independence and Impartiality of Speaker:
  • He is provided with a security of tenure. He can be removed only by a resolution passed by the Lok Sabha by a effective majority.
  • His salaries and allowances are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.
  • His work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion.
  • His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
  • He cannot vote in the first instance. He can only exercise a casting vote in the event of a tie. This makes the position of speaker impartial.
  • He is placed at sixth rank in the order of precedence along with the Chief Justice of India.

What are the Roles and Responsibilities of the Speaker?

• Presiding Over House Proceedings:
  • The Speaker oversees the sessions of the Lower House, ensuring discipline and decorum among members. 
  • The Speaker decides the agenda for parliamentary meetings and interprets procedural rules. He/she permits motions such as adjournments, no-confidence and censure motions , ensuring orderly conduct.
  • The Speaker is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House.
• Enforcing Quorum and Disciplinary Action:
  • In the absence of a quorum, the Speaker adjourns or suspends meetings until the required attendance is met. 
  • The speaker has the power to punish unruly behaviour and even disqualify members on grounds of defection under 10^th schedule of the constitution.
• Constitution of Committees: 

  • The Committees of the House are constituted by the speaker and function under the speaker’s overall direction.

  • The Chairmen of all Parliamentary Committees are nominated by Speaker.
  • Committees like the Business Advisory Committee, the General Purposes Committee and the Rules Committee, work directly under his Chairmanship.
• Privileges of the House: 

  • The Speaker is the guardian of the rights and privileges of the House, its Committees and members.

  • It depends solely on the speaker to refer any question of privilege to the Committee of Privileges for examination, investigation and report.
  • He can allow a ‘secret’ sitting of the House at the request of the Leader of the House. When the House sits in secret, no stranger can be present in the chamber, lobby or galleries except with the permission of the Speaker.
• Administrative Authority:
  • As head of the Lok Sabha Secretariat, the Speaker manages administrative affairs and security arrangements within the Parliament Estate. They control alterations and additions to parliamentary infrastructure.
• Inter-Parliamentary Relations:
  • The Speaker serves as the ex-officio President of the Indian Parliamentary Group, facilitating inter-parliamentary relations. He/she leads delegations abroad and chairs the Conference of Presiding Officers of Legislative Bodies in India.

What are the Issues Associated With the Office of the Speaker?

• Partisanship Issue: The Speaker, often belonging to the ruling party, are accused of bias. Supreme Court in Kihoto Hollohan versus Zachilhu case highlighted the instances where speakers have allegedly acted in favour of their party.
  • For example, discretionary powers of speakers with political affiliations  in deciding money bill and political defection cases is one such example.
  • In 2017, the Manipur legislative assembly anti-defection case, the court gave a reasonable period of four weeks but the defection complaint was pending for years.
• Prioritising Party Interests over National Interest: Speakers have the power to restrict debates or discussions that could potentially affect the agenda of the political parties, if those discussions are crucial for the nation's well-being.

• Increased Disruptions and Stalling of Proceedings: A Speaker perceived as biased can lead to frustration and disruptions from the opposition, ultimately hindering the functioning of Parliament.

• Bypassing Committees and Scrutiny: Rushing through bills without proper committee review can lead to poorly crafted legislation that hasn't received sufficient deliberation.

  • Example: The instance of the passing of 3 farm laws in 2020 without referring it to parliamentary committe has been cited as the reason by opposition for widespread protest and later their withdrawal.

Way Forward

• Maintaining Stability: The Speaker's impartiality and fairness are critical, as they have to balance the complex dynamics of diverse political interests
  • Their decisions on issues such as the admission of no-confidence motions, the allocation of time for debates, and the recognition of members can have a significant impact on the government's stability.
• Role in Resolving Disputes:
  • In the case of a coalition government, where multiple parties with different ideologies and agendas come together, conflicts and disputes are inevitable. 
  • The Speaker should uphold impartiality in mediating these disputes and finding solutions that are acceptable to all stakeholders.
• Impact on Legislative Outcomes: By controlling the legislative agenda, the Speaker can influence the passage of bills and the overall policy direction of the government.
  • Pranab Mukherjee, former President of India, noted, "The Speaker's role is not just about running the House; it's about being a bridge between the government and the opposition, and ensuring that the democratic process is upheld."
• Ensuring Non-Partisanship: The practice of the Speaker who resigns from their political party to ensure complete non-partisanship can be explored further to uphold the Constitution's principle of separation of powers.
  • The example of N. Sanjiva Reddy resigning from his party upon becoming Speaker in 1967 sets a positive precedent of non-partisanship.
  • In Britain, the speaker is strictly a nonparty member. There is a convention that the speaker has to resign from his party and remain politically neutral. 

Conclusion

The Speaker of Lok Sabha is not just a presiding officer, they wield significant power in shaping the functioning of the House and influencing the balance between the ruling party and the opposition,especially in the case of coalition government. The Speaker's decisions and actions can have far-reaching consequences for the functioning and stability of the government.