Mains Practice Questions

Introduction

The Speaker of the Lok Sabha, as the presiding officer of India's lower house, plays a pivotal role in upholding parliamentary democracy and ensuring effective legislative functioning.

• The position, derived from the British Westminster model, has evolved to include both constitutional and procedural functions that influence legislative effectiveness and democratic governance.

Body

Role of the Speaker in Ensuring Effective Parliamentary Functioning

• Conduct of Parliamentary Business: The Speaker's primary duty is to preside over parliamentary proceedings and maintain order in the House.
  • By providing equal opportunities to both ruling and opposition parties, the Speaker can foster productive discussions and reduce disruptions.
• Certification of Money Bills: The Speaker holds the exclusive authority to certify a bill as a Money Bill under Article 110 of the Constitution, limiting the Rajya Sabha's influence over financial legislation.
  • However, concerns have been raised about the potential misuse of this power (e.g, passing of the Aadhaar Act as a money bill), leading to calls for greater neutrality.
• Decisions on Defection (Tenth Schedule): The Speaker decides on matters of disqualification under the Anti-Defection Law, which is essential for maintaining party discipline and preventing political instability.
• Referral of Bills to Parliamentary Committees: Speaker holds a vital role in referring bills to standing or select committees for detailed scrutiny.
  • However, the number of bills referred to committees has seen a significant decline in recent years.
  • For instance, between 2009-2014, about 71% of bills were referred to committees; however, this figure dropped to only 16% in 2019-2024.
• Maintenance of Discipline and Suspension of Members: The Speaker can suspend members for unruly behavior, maintaining order in the House.
  • However, recent large-scale suspensions, such as those during the winter session of 2023, have raised concerns over the arbitrary use of this power.

Reforms to Strengthen the Institution of Speaker

• Institutionalizing Neutrality and Independence: To ensure impartiality, a convention could be established where the Speaker resigns from their party upon election.
  • This practice is followed in some countries, including the UK, and could reduce political influence on the Speaker’s actions.
• Transparent Mechanisms for Anti-Defection Cases: A time-bound mechanism for deciding on defection cases would help uphold the sanctity of the Tenth Schedule.
  • An independent panel or committee could assist the Speaker in assessing defection matters, thereby reducing the perception of bias.
• Reviving the Role of Parliamentary Committees: To strengthen legislative scrutiny, it should be made mandatory for the Speaker to refer certain categories of bills such as those impacting fundamental rights or involving significant financial commitments to parliamentary committees.
  • This step would increase accountability and transparency in legislative processes.
• Limiting the Power of Certification of Money Bills: An independent panel could review the Speaker's certification of Money Bills, ensuring that this power is not misused to bypass Rajya Sabha scrutiny.
  • This reform would protect the integrity of the bicameral legislative process.
• Clear Guidelines on Suspension Powers: The Speaker's power to suspend members for disorderly conduct should be exercised with restraint and consistency.
  • Setting up transparent guidelines on suspension would help balance discipline with the rights of members, preserving the opposition's voice within the House.

Conclusion

The Speaker’s role is foundational to India’s democratic functioning, given the need to manage a diverse assembly and balance competing interests. Implementing reforms to ensure neutrality, enhance legislative scrutiny, and maintain discipline could significantly strengthen this institution, leading to a more robust and effective parliamentary process.