Speaker’s Role

Speaker’s Role

Context:

The role of the Speaker of the House has taken on increased significance following the recent general election.

More on News:

• In the 18th Lok Sabha, the major parties comprising the National Democratic Alliance (NDA) coalition closely monitoring and vying for the position of the Speaker.
• The role of the Speaker assumes significant importance in a coalition government or when opposing parties engage in intense political manoeuvring within the House

More on News:

• In the 18th Lok Sabha, the major parties comprising the National Democratic Alliance (NDA) coalition closely monitoring and vying for the position of the Speaker.
• The role of the Speaker assumes significant importance in a coalition government or when opposing parties engage in intense political manoeuvring within the House

Constitutional Provision:

• Appointment and Qualifications:

• • Article 93: Offices of the Speaker and Deputy Speaker are to be elected “as soon as may be” after the commencement of the house.
    • The Speaker is elected by the members of Lok Sabha from amongst themselves by a simple majority of the members present and voting in the House.
    • The date of the election of the Speaker is determined by the President.

• Tenure and Removal:

• • Article 94: 
    • The Speaker holds office from the date of their election until immediately before the first meeting of the Lok Sabha after its dissolution.
    • The Speaker of the Lok Sabha can lose their position under the following circumstances:
      • Ceasing to be a Member: If the Speaker ceases to be a member of the House of the People, they automatically vacate their office.
      • Resignation: The Speaker can resign by writing a letter under their hand to the Deputy Speaker, formally informing them of their decision to step down.
      • Removal: The Speaker can be removed from office by a resolution passed by the House of the People.
        • Provided that the resolution is supported by an “effective” majority of all the then members of the House and 14 days notice is given before the resolution is moved.

• Powers and Functions:
  • Conduct of Business: The Speaker supervises all proceedings in any session of the Lok Sabha in accordance with the Rules of Procedure and Conduct of Business in Lok Sabha.
  • Casting Vote: The Speaker has the casting vote in the event of a tie (Article 100(4)).
  • Adjourn Proceedings: The Speaker can adjourn the proceedings of the House or suspend the meeting in the absence of a quorum, i.e., one-tenth of the members of the House (Article 100(3)).
  • Preside Over Joint Sitting: The Speaker presides over a joint sitting of the two Houses of Parliament summoned by the President to resolve a deadlock between the Lok Sabha and Rajya Sabha on a legislative measure (Article 118(4)).
  • Certifying Money Bill: The Speaker decides whether a bill is a Money Bill or not, and their decision on this matter is final (Article 110(3)).

Importance of the Speaker: 

• Conducting the house:

• • The Speaker is the guardian of the rights and privileges of the House, its Committees and the members.

• • The Speaker is the ultimate arbiter and interpreter of provisions relating to the functioning of the House. 

• • Within the precincts of the House, the Speaker’s authority is supreme and the decisions are final and binding.

• • The Speaker’s conduct cannot be discussed except on a substantive motion.
  • Prior permission of the speaker is needed for members to ask a question or to discuss any matter.

• Question and Records: 

• • The Speaker decides on the admissibility of notices of questions, motions, resolutions, bills, amendments, etc. and no business may be brought up before the House without the Speaker’s consent.

• • The Speaker regulates the debates and proceedings of the House and is charged with the maintenance of order in the House.

• • The speaker has the power to expunge remarks that are considered unparliamentary.

• Voice votes, Division:

• • The speaker can disregard a request for division of vote if benches occupied by the ruling party are fewer. 

• • • Vote by division is important as a record for posterity and MPs get a chance to dissent and show the mandate of their constituencies.

• No Confidence Motion:

• • The speaker has to satisfy him/herself that the motion of no confidence is in order, and under the rules.

• • • For example, when the YSRCP and TDP gave notices for a motion of no-confidence in 2018, the then Speaker adjourned the House several times before admitting the motion and putting it to vote.

• • Once the speaker is satisfied, the speaker will grant leave and will fix the date for debating the motion.

• Disqualification:

• • The Speaker determines the question as to whether the members of the House have become subject to disqualification on grounds of defection in terms of the Tenth Schedule to the Constitution.

• • The power of the Speaker under the Tenth Schedule of the Constitution is perhaps more significant than how the House is conducted because –
    • Defections can alter numbers in the House and cause a government to fall.
    • If the Speaker acts promptly and disqualifies such members, then the new government may not have a majority.
    • However, a delay in deciding the disqualification petitions can vitiate the Tenth Schedule.
    • For example, the SC had directed in 2023 the then Maharashtra Assembly Speaker to initiate disqualification proceedings against MLAs of the two factions of the Shiv Sena at the earliest.
    • The petitions of disqualification had been pending for more than 1.5 years at that point, which had caused the Uddhav-led administration to fall.

• • The Supreme Court in the Kihoto Hollohan case, 1992 upheld the power of the speaker and said that the final order of the speaker would be subject to judicial review.

• Issues with the role of the speaker under Anti Defection law:

• • Potential for Bias: The Speaker’s membership in the ruling party can raise concerns about impartiality in deciding defection cases involving the same party. 

• • Delays and Uncertainties: The defection law has not given a specific timeframe for the Speaker to decide defection cases, leading to prolonged delays and uncertainty.

• • • Manipur: The Speaker failed to rule on the disqualification of four MLAs who had switched parties.

• • Discretionary use of disqualification powers: The Speaker uses discretionary power in the defection process.

• • • As witnessed in Tamil Nadu where the speaker belonged to one faction of the party and instantly disqualified 27 rival MLAs during a confidence vote on the legislature’s floor.

• Steps that can be taken to make the Speaker office effective:

• • Following International examples:

• • • United Kingdom: The Speaker of the House of Commons is strictly a non-party person, resigning from their party affiliation upon election to the office

• • Following Recommendations Made: The Dinesh Goswami Committee on Electoral Reforms in 1990 also recommended divesting speakers of the responsibility of deciding on defections.

• • • The National Commission to Review the Working of the Constitution (NCRWC) made a similar suggestion.

• Time-Bound Decisions: Setting a firm timeframe for the Speaker to decide on defection cases, can prevent delays and expedite the process.

• • • In Keisham Meghachandra Singh vs the Hon’ble Speaker Manipur Legislative Assembly & Ors.:

• Supreme Court ruled that speakers to decide on disqualification pleas within three months.
• Court recommended Parliament to modify the constitution for establishing a Permanent Tribunal led by retired judges, to resolve issues under the Tenth Schedule.