12-June-2024-Special-Article

SPEAKER OF THE LOK SABHA 

The Speaker of the Lok Sabha in India plays a pivotal role in ensuring the smooth functioning of the House and maintaining the balance of power between the ruling party and its allies, as well as the opposition.  

This is especially significant in a coalition government where multiple parties with diverse interests come together.  

The Speaker’s duties, powers, and responsibilities are fundamental to the democratic process and legislative efficiency. 

About the Speaker 

• Constitutional and Ceremonial Head: The Speaker is the head of the Lok Sabha, holding a constitutional and ceremonial position. 
• Presiding Officers: Each House of Parliament has its own presiding officer. The Lok Sabha is led by a Speaker and a Deputy Speaker, while the Rajya Sabha is overseen by a Chairman and a Deputy Chairman 
• Assistance: The Speaker is assisted by the Secretary-General of the Lok Sabha and senior officers of the Secretariat on parliamentary activities, practices, and procedures. 
• Deputy Speaker: In the absence of the Speaker, the Deputy Speaker discharges the functions. 
• Panel of Chairmen: A member from the panel of Chairmen presides over the House in the absence of both the Speaker and the Deputy Speaker. However, they cannot preside if the offices of the Speaker or Deputy Speaker are vacant. 

Election of the Speaker 

• Election Process: The Speaker is elected by a simple majority of the members present and voting in the House. 
• Ruling Party Tradition: Typically, a member from the ruling party is elected as Speaker, while the Deputy Speaker is often from the opposition. 
• Exceptions: There have been instances where members from non-ruling parties, such as GMC Balayogi and Manohar Joshi, have been elected as Speaker. 

Removal of the Speaker 

• Authority for Removal: The Lower House has the authority to remove the Speaker through a resolution with a 14-day notice, passed by an effective majority (more than 50% of the effective strength of the House). 
• Disqualification: The Speaker can also be removed if they are disqualified from being a Lok Sabha member under sections 7 and 8 of the Representation of the People Act, 1951. 
• Resignation: The Speaker can resign by submitting a letter to the Deputy Speaker. 

Sources of Power and Duties 

• Constitution of India: The primary source of the Speaker’s powers and duties. 

• Rules of Procedure and Conduct of Business of Lok Sabha: Detailed rules governing the Speaker’s conduct. 
• Parliamentary Conventions: Unwritten rules and traditions that also guide the Speaker. 

Provisions to Ensure Independence and Impartiality 

• Security of Tenure: The Speaker can only be removed by a resolution passed by an effective majority of the Lok Sabha. 
• Salaries and Allowances: These are charged on the Consolidated Fund of India, making them independent of Parliament’s annual vote. 
• Immunity from Criticism: The Speaker’s work and conduct cannot be discussed or criticized in the Lok Sabha except through a substantive motion. 
• Judicial Immunity: The Speaker’s decisions on procedural matters are not subject to judicial review. 
• Casting Vote: The Speaker does not vote in the first instance but can exercise a casting vote in the event of a tie. 
• Order of Precedence: The Speaker ranks sixth in the order of precedence, alongside the Chief Justice of India. 

Pro Tem Speaker 

• Appointment: When the Speaker’s office is vacant before the first meeting of the newly-elected Lok Sabha, the President appoints a senior member as the Speaker Pro Tem. 
• Responsibilities: The Pro Tem Speaker administers oaths to new members and presides over the election of the new Speaker. 

Roles and Responsibilities of the Speaker 

Presiding Over House Proceedings 

• Sessions Management: Oversees sessions, ensuring discipline and decorum. 
• Agenda Setting: Decides the agenda for parliamentary meetings and interprets procedural rules. 
• Motions Handling: Permits motions such as adjournments, no-confidence, and censure motions. 

Enforcing Quorum and Disciplinary Action 

• Quorum Management: Adjourns or suspends meetings if quorum is not met. 
• Disciplinary Powers: Can punish unruly behavior and disqualify members for defection under the 10th Schedule. 

Constitution of Committees 

• Committee Formation: Constitutes and directs the functioning of various House Committees. 
• Chairmanship: Chairs key committees like the Business Advisory Committee, General Purposes Committee, and Rules Committee. 

Privileges of the House 

• Guardian of Rights: Protects the rights and privileges of the House, its Committees, and members. 
• Privilege Questions: Refers questions of privilege to the Committee of Privileges. 
• Secret Sittings: Can allow secret sittings of the House upon request. 

Administrative Authority 

• Parliament Management: Manages administrative affairs and security within the Parliament Estate. 
• Infrastructure Control: Oversees alterations and additions to parliamentary infrastructure. 

Inter-Parliamentary Relations 

• Role in Inter-Parliamentary Relations: Acts as the ex-officio President of the Indian Parliamentary Group, promoting interactions between parliaments. 
• Delegations and Conferences: Heads delegations on international trips and presides over the Conference of Presiding Officers of Legislative Bodies in India. 

Issues Associated with the Office of the Speaker 

Partisanship Concerns 

• Allegations of Bias: Speakers affiliated with the ruling party frequently face accusations of partiality. The Supreme Court, in the Kihoto Hollohan vs. Zachilhu case, brought attention to such instances. 

Prioritizing Party Interests 

• Restricting Debates: Speakers can restrict debates or discussions that affect party agendas, which may impact national interests. 

Increased Disruptions 

• Perceived Bias: Opposition frustration over perceived bias can lead to disruptions, hindering parliamentary functioning. 

Bypassing Committees 

• Legislation Scrutiny: Rushing bills through without committee review can result in poorly crafted legislation. The passing of the 2020 farm laws without parliamentary committee review led to widespread protests and their eventual withdrawal. 

Way Forward 

Maintaining Stability 

• Impartiality: The Speaker’s impartiality is crucial for balancing diverse political interests. 
• Impact on Government Stability: Decisions on no-confidence motions, debate allocations, and member recognition significantly impact government stability. 

Role in Resolving Disputes 

• Mediation: In coalition governments, the Speaker should mediate disputes impartially to find acceptable solutions for all parties. 

Ensuring Non-Partisanship 

• Resigning from Party: The practice of Speakers resigning from their political parties to ensure non-partisanship can be explored further. 
• British Model: In Britain, the Speaker resigns from their party and remains politically neutral. 

Mains Question:  

1. Discuss the role of the Speaker in the Lok Sabha in ensuring legislative efficiency and maintaining the balance of power, particularly in the context of coalition governments in India. (150 WORDS)