The Speaker plays a crucial role in parliamentary democracy. According to Article 93 of the Constitution of India, the positions of Speaker and Deputy Speaker are to be elected “as soon as may be” after the House commences.
The Speaker is chosen by a simple majority in the House and serves until the House is dissolved, unless the Speaker resigns or is removed from office earlier.
Article 94 of the Constitution allows for a motion of no-confidence against the Speaker with a 14-day notice. Additionally, the Speaker, like any other House member, can face disqualification.
There are no specific qualifications required to become the Speaker, allowing any member to be considered. However, the role of Speaker is distinct from other members of the House.
The Speaker’s responsibilities include presiding over the House, having a casting vote, managing the House’s operations, and handling constitutional functions related to member disqualification. The Speaker’s salary is drawn from the Consolidated Fund of India, unlike other MPs, whose salaries are determined by a statute voted on by the House.
Powers of the Speaker
Conducting the House
The Speaker holds a crucial role in deciding how the House is conducted. The Speaker collaborates with the Leader of the House to manage government business. Members require the Speaker’s permission to ask questions or discuss matters.
Although there are Rules and Procedures for the House’s functioning, the Speaker has significant authority to ensure these rules are followed and to select appropriate procedures. This impartiality is vital for the Opposition to express its views.
Questions & Records
The Speaker determines the admissibility of questions raised by members and oversees the publication of House proceedings. The Speaker can expunge remarks deemed unparliamentary, which may include critical comments against the ruling party.
Voice Votes and Division
When the treasury benches are thin, the Speaker can bypass a request for division and pass a Bill through a voice vote. According to the Rules of Procedure and Conduct of Business in Lok Sabha, if the Speaker believes a division is “unnecessarily claimed,” they can ask members supporting ‘Aye’ or ‘No’ to rise in their places and decide without recording names. A division vote is crucial as it allows MPs to record dissent and reflect their constituents’ mandates.
No-Confidence Motion
The Speaker’s impartiality is particularly significant during a no-confidence motion against the government. In 2018, Speaker Sumitra Mahajan adjourned the House several times before admitting and voting on a no-confidence motion proposed by YSRCP and TDP.
Casting Vote
The casting vote is a rare but essential function of the Speaker. Article 100 of the Constitution states that the Chairman of Rajya Sabha or Speaker of Lok Sabha, or anyone acting as such, “shall not vote in the first instance, but shall have and exercise a casting vote in the case of any equality of votes.” Traditionally, the Speaker votes in favor of the government.
Disqualification of Members
Tenth Schedule
The power of the Speaker under the Tenth Schedule of the Constitution is crucial for the Opposition. The Tenth Schedule, or the anti-defection law, was introduced through the Fifty-Second (Amendment) Act, 1985. It empowers the Speaker to disqualify legislators who defect from their party.
Judicial Review
In the landmark case Kihoto Hollohan versus Zachillhu in 1992, the Supreme Court upheld the Speaker’s authority. The Court stated that only the Speaker’s final order would be subject to judicial review.
Impact of Defections
Defections can change the balance of power in the House and potentially cause a government to fall. If the Speaker disqualifies defectors promptly, the new government may lose its majority. However, delays in disqualification decisions can undermine the Tenth Schedule’s purpose.
Notable Cases
In 2023, the Supreme Court directed Maharashtra Assembly Speaker Rahul Narwekar to start disqualification proceedings against MLAs from the Uddhav Thackeray and Eknath Shinde factions of the Shiv Sena. Petitions had been pending for over a year and a half, leading to the collapse of the Uddhav-led government.
In 2020, the Supreme Court ruled that Speakers must decide disqualification pleas within three months, except in extraordinary circumstances.
Issues Associated with the Office of the Speaker
Partisanship Issue
Speakers, often from the ruling party, are frequently accused of bias. The Supreme Court in Kihoto Hollohan versus Zachillhu highlighted instances where Speakers allegedly favored their party. Discretionary powers in deciding money bills and political defection cases exemplify this issue.
For example, in the 2017 Manipur legislative assembly anti-defection case, the court set a reasonable period of four weeks, but the defection complaint remained unresolved for years.
Prioritizing Party Interests
Speakers can restrict debates or discussions that might affect their party’s agenda, even if those discussions are crucial for the nation’s well-being.
Increased Disruptions
A Speaker perceived as biased can lead to frustration and disruptions from the opposition, hindering Parliament’s functioning.
Bypassing Committees
Rushing bills through without proper committee review can result in poorly crafted legislation. For instance, the passing of the three farm laws in 2020 without referring them to a parliamentary committee led to widespread protests and their subsequent withdrawal.
Way Forward
Maintaining Stability
The Speaker’s impartiality and fairness are crucial, balancing diverse political interests. Their decisions on issues like no-confidence motions, debate allocation, and member recognition significantly impact government stability.
Resolving Disputes
In coalition governments, conflicts and disputes are inevitable. The Speaker should mediate these disputes impartially, finding solutions acceptable to all stakeholders.
Legislative Outcomes
By controlling the legislative agenda, the Speaker can influence bill passage and the government’s overall policy direction. 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
Exploring practices where the Speaker resigns from their political party to ensure non-partisanship can uphold the Constitution’s principle of separation of powers. N. Sanjiva Reddy’s resignation from his party upon becoming Speaker in 1967 sets a positive precedent. In Britain, the Speaker is strictly nonpartisan, resigning from their party and remaining politically neutral.
Conclusion
The Speaker of Lok Sabha is not just a presiding officer; they wield significant power in shaping the House’s functioning and balancing the ruling party and opposition, especially in coalition governments. The Speaker’s decisions and actions can have far-reaching consequences for the government’s functioning and stability.