The speaker who stifled debate

News: The Agriculture Minister has introduced the Farm Laws Repeal Bill, 2021 in Parliament. While demanding discussions the Minister stated that the debate would have no tangible results.

What is the issue?

The farm laws repeal bill was submitted for consideration in the parliament. But the speaker ruling that the discussion will be allowed only when the house is in order. This goes against the spirit of democracy.

The acts needed discussion of various points. Like, all India Kisan sabha pointed out that the acts did not include provisions to prevent profiteering and monopoly for corporates.

Why the move of repealing laws without discussion is not good?

Debate holds special significance as it has the capability to influence public opinion. According to Ivor Jennings, “It is not the control of the Government by the House but the fact that its dislikes are often a representation of electoral dislikes that makes debate important.”

So, repealing the law without holding a proper debate is undermining the system. In the words of Erskine May, Speaker may adjourn the House or suspend the sittings. He cannot stipulate good behavior as a condition for debate.

What powers does the speaker hold?

The speaker can adjourn the house or suspend any sitting. Also, he has the power to quell disorderly behavior. But according to Rule 374A, only the house, holds the final power and can overrule the decision of the speaker.

What do the Rules of Procedure of the house say?

Rule 362(1): says that if a motion has been put unless it appears to be an abuse of rules of the house, the speaker shall put the motion.

Rule 363(1): says that whenever a debate extends beyond a limit, the speaker may fix a time limit for the conclusion of the discussion at any stage of the bill. It is the “sense of the House”, not the Speaker’s opinion, which governs.

Source: This post is based on the article “The speaker who stifled debate” published in The Hindu On 16th December 2021.