Mains Marathon 2024

Approach Briefly introduce the role of the Speaker in the Indian Parliament. State the significance of the Speaker in maintaining democratic principles and the overall functioning of the Parliament Highlight the Issues Associated With the Office of the Speaker. Suggest Way Forward. Conclude Suitably

Introduction

The Speaker of the Lok Sabha is a pivotal figure in the Indian Parliament, responsible for maintaining order and ensuring the smooth functioning of legislative processes. He is the constitutional and ceremonial head of the House. By upholding democratic principles, he plays a crucial role in facilitating dialogue, ensuring fair representation, and safeguarding the rights of members.

Body

The significance of the Speaker in maintaining democratic principles and the overall functioning of the Parliament :

• 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.
• Final Interpreter of the Provisions: The Speaker is the final interpreter of the provisions of :
  • the Constitution of India,
  • the Rules of Procedure and Conduct of Business of Lok Sabha, and
  • 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 10th 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.
• 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 the 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.

Issues Associated With the Office of the Speaker:

• Partisanship Issue: The Speaker, often belonging to the ruling party, are accused of bias.
  • The identification of the Aadhaar Bill as a Money Bill in 2016 was widely criticized.
  • The Supreme Court in Kihoto Hollohan versus Zachilhu case (1992)acknowledged that the Speaker, despite being a member of the ruling party, is expected to act impartially in the decision-making process. However, to prevent any potential misuse of power, the Court allowed for judicial review of the Speaker’s decisions.
• 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.
  • The instance of the passing of 3 farm laws in 2020 without referring it to the parliamentary committee has been cited as the reason by the 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.
• Maintain Impartiality 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.
• Being a bridge between the Government and the Opposition : 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 non party 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 the coalition government. The Speaker's decisions and actions can have far-reaching consequences for the functioning and stability of the government.