On the Speaker – Give up impropriety, demonstrate impartiality

Source: This post on the Speaker has been created based on the article “Give up impropriety, demonstrate impartiality” published in The Hindu on 30^th October 2023.

UPSC Syllabus Topic: GS Paper 2 Indian Polity – Parliament and State legislatures —structure, functioning, conduct of business, powers & privileges and issues arising out of these. 

News: This article discusses the various issues in the functioning of the Speaker lately, which have signaled a decline in the independence of the office. It also highlights reforms to ensure its impartial functioning.

Article 93 of the Constitution provides for the election of both the Speaker and the Deputy Speaker to the Lok Sabha. (Article 178 for Speaker in state legislative assemblies).

What are the functions of the Speaker in India?

1) Interpretation: He/She is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha within the House.

2) Constitution of Committees: The Committees of the House are constituted by the speaker and function under the speaker’s overall direction.

3) Custodian of the rights and privileges of the House, its committees and its members.

4) Money Bill: He/She decides whether a bill is a Money Bill or not and his/her decision on this question is final.

5) Disqualifying Members: It is the speaker who decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule.

What are the issues with the functioning of the Speaker?

1) Regarding suspension of members for misconduct: It is noticed that the Speakers misuse these provisions usually against the Opposition members.
For instance, no swift action was taken against a member of the ruling party for passing communal slurs in Parliament recently.

2) Regarding referring of bills to committees: Significant bills that require detailed scrutiny are not referred to committees.
As against more than 60% of Bills referred to committees in the Lok Sabha during 2004-14, less than 25% have been referred during 2014-2023.

3) Regarding certifying of bills as Money Bills: There have also been challenges in the Court in recent years against certification of certain Bills as a Money Bill by the Speaker of the Lok Sabha.
For instance, the Aadhar Bill.

4) Regarding disqualification: Past instances have shown the Speakers favouring the ruling dispensation. This can derail the stability of elected governments.

What should be the way forward?

The Supreme Court in Keisham Meghachandra Singh vs The Honble Speaker Manipur (2020), recommended that Parliament amend the Constitution to vest the powers of the Speaker regarding disqualification in an independent tribunal to be headed by judges.

In Britain, the Speaker, once elected, resigns from his/her political party, thus reflecting impartiality while presiding over the House. Adopting this practice will build confidence in the office of the Speaker.

It is also important that Speakers avoid actions that are inappropriate and demonstrate ‘impartiality’, in consonance with sound democratic practices.

Question for practice:

The success of India’s parliamentary democracy hangs on the non-partisanship and impartiality of its institutions, especially the office of the Speaker. However, several issues hamper the independent functioning of the Speaker. Analyse.