Sambhav-2025

Approach Briefly define the role of the Speaker in a parliamentary system. Mention his role as a neutral arbiter and custodian of the laws of the House. Highlight the issues associated with the office of the Speaker Conclude suitably.

Introduction

The Speaker is the head of the Lok Sabha. As the neutral arbiter of parliamentary proceedings, the Speaker ensures that debates and discussions are carried out smoothly, fairly, and in accordance with established rules.

Body

Role of Speaker as Neutral Arbiter and Custodian of the Laws

• 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 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 the 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.

The issues associated with the office of the Speaker:

• Partisanship Issue: The Speaker, often belonging to the ruling party, is accused of bias. The Supreme Court in Kihoto Hollohan versus Zachilhu case highlighted the instances where speakers have allegedly acted in favour of their party.
• 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.

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. Adopting the convention of "Once a Speaker, always a Speaker" from the U.K. in India may reinforce the impartiality and neutrality of the Speaker, ensuring they act in the interest of Parliament as a whole, not just the ruling party.