7 PM | Politicisation of speaker’s office | 15th February, 2019

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Context

In recent times, there are number of instances in our polity where the Speaker of the Assembly has allegedlytaken political decisions

Role of speaker in India

The Speaker’s powers and functions can be carved into three broad categories.

• Speaker facilitates the business of the House. Speaker decides the permissibility of different motions such as adjournment motionsand motions for short duration discussions
• In order to maintain decorum in the House, the Speaker takes on therole of a disciplinarian.
• The Speaker also performs a quasi-judicial role. In matters of defection, theSpeaker decides on the petition alleging defection.

Challenges faced by Speaker

The Speaker’s decisions and application of Rules are based on the circumstancesbefore him. Changing political scenarios brings strain the office of the Speaker.Major challenges faced by speaker are

1. Claims of prejudice:This is because of structural issuesregarding the manner in which the Speaker is appointed and his tenure in office. The office of speaker is paradoxical in nature as speaker, whether in Parliament or in State Assemblies, contests the election for the post on a party ticket. Also, the need for re-election compel speaker tofavour their political party also pushes them to compromise neutrality.

In contrast, in other parliamentary democracies, steps are taken to ensure that theSpeaker’s office remains apolitical, and untouched by the desire for political gains or fearofloss of office. For instance, in the United Kingdom, major political parties, includingthe Speaker’s, do not field candidates in the Speaker’s constituency during generalelections.

2. Managing alarge number of political parties and coalition governments: With the increase in the multitude of parties, the time available to each party torepresent its interests during discussions is reduced. The time spent on issues, whichparties wish to move for discussions, increases, even when the number of sittings inParliament has not increased proportionately.This aggravates the constraints faced by the Speaker in prioritising between matters and often face the allegation of partisan.
3. Anti-defection law: In recent times, there are number of instances where the role of speaker has been criticised for decision on membership of MLAs under the anti-defection law and their ruling have been challenged in courts.

The Tenth Schedule says the Speaker’s/Chairperson’s decision on questions of disqualification on ground of defection shall be final and can’t be questioned in courts. It was anticipated that giving Speakers the power to expel legislators would prevent unnecessary delays by courts and make anti defection law more effective.

Note: In KihotoHollohan vs Zachillhu and others (1991) case SC Constitution Bench declared that the Speaker’s decision was subject to judicial review.

4. On use of Discretionary power:There are various instances where the Rules vest the Speakers with unguidedpowers Such as in case of declaration of bill as money bill (Lok Sabha Speaker). This discretionary power come under criticism when Aadhar bill was introduced in Lok Sabha as Money Bill.

The Speaker is also empowered to refer the Bill to a Standing Committee.As perprevailing practice house members or speaker usually refers all important bills to the concerned Departmentally Related StandingCommittees for examination and report. But in recent time speaker uses its discretionary power to pass many important bills on day after introduction of bill without proper discussion and references.

5. Increase indisruptions: Frequent disruptions reduced the time required for important discussions and compel speaker to allocate less time for discussion. This often questions the impartiality of speaker as he allegedly provides more time to ruling party. Also, it is alleged that speaker took harsh punishment against the disrupting member of opposition compared to government

Way forward

1. One mechanism to increase efficiency and trust in the Speaker is to increasetransparency in his decision-making process. For instance, decisions by Speakersshould be made available to the public.
2. On exercise of its power during anti defection law Speaker should act against those legislators who defy the party whip while voting on matters that impact government stability.
3. Anyone seeking the office of the Speaker might be asked to run for election on an independent ticket. Also, Speaker should be barred from future political office, except for the post of President, while being given a pension for life.

Source: https://indianexpress.com/article/opinion/columns/karnataka-vidhan-sabha-speaker-controversy-5584693/