Why is it in the news ?
1.After the general election, there is a provision to elect a member of Lok Sabha as the Speaker from amongst its members. The election of the Speaker is scheduled on 26th June 2024. Before the election of the Speaker, Bhartruhari Mehtab was appointed as pro-tem speaker by the President of India. His function would be to administer oath/ affirmation to the newly elected members of the 18th Lok Sabha and to conduct the election of new Speaker.
2.Although there is no provision of the pro-tem Speaker in the constitution, the handbook on the working on Parliamentary affairs mentions appointment and swearing-in of pro-tem Speaker. By convention, it is the senior most MP who has served maximum terms in the Lok Sabha should be appointed as the pro-tem Speaker. Congress objected to the appointment of Mr. Mehtab who is the seven time member of Lok Sabha. While K. Suresh from the Congress is the eighth time member of Lok Sabha. Congress alleges that the convention of appointing MP with maximum terms in Lok Sabha has been thus broken.
Election of the Speaker -
1.According to article 93, Lok Sabha chooses Speaker and Deputy Speaker from among its members. All the Speakers in the independent India have been elected unopposed.
2.The Speaker is elected by the members of the Lok Sabha by simple majority. He can be removed by the effective majority of members of the Lok Sabha, present and voting. This means that according to article 92 of the constitution, the Speaker can be removed by an effective majority +1. Effective majority means total strength minus vacancies. For example, if the Lok Sabha has a total strength of 550 members and if there are 7 vacancies, the effective strength would be 543 members. In order to remove the Speaker 271+1 = 272 members must vote against him. But prior to moving the resolution for the removal of the Speaker, a 14 days advance notice must be issued to him to this effect. Normally, a ruling party member is elected as Speaker. But during the period of coalition government, a member from other parties can also be elected as the Speaker.
3.The Speaker can also be removed on being disqualified from being a Lok Sabha member under section 7 and 8 of the Representation of People’s Act, 1951.
4.He can also tender his resignation on his own to the Deputy Speaker of the Lok Sabha.
Power and Functions of the Speaker-
1.He enforces discipline and decorum in the House.
2.He decides the agenda for Parliamentary meetings.
3.He permits motions such as adjournments, no confidence and censure.
4.He ensures quorum (the presence of 1/10th members of the House) of the House. If quorum is not available, he adjourns the House.
5.He has the power to punish members who indulge in unruly behaviours.
6.He constitutes several committees like business advisory committee, rules committee and general purpose committee and these committees work under his supervision.
7.He is the guardian of the rights and privileges of the House, its committees and members. It is his sole privilege to refer a question of the breach of privilege to the Committee of Privilege for proper inquiry and report.
8.The Speaker is the head of the Lok Sabha Secretariat. He manages the administrative and security arrangements of the Parliament complex.
9. He is the sole authority to decide whether a bill is a money bill or not.
10.In case of deadlock between two Houses in respect of ordinary bills, he is empowered to preside over the joint sitting of Parliament under article 108 of our constitution.
11.In the case of Kihoto Hollohan vs Zachilhu, 1993, the Supreme Court of India held that the decision of the presiding officer is not final and is subject to judicial review on the basis of malafide and perversity.
12.In Nabam Rabia vs Deputy Speaker case,2016, the Supreme Court of India held that the Speaker will be disabled from deciding disqualification petition under anti defection law, if notice for his removal is pending.
13. Similarly, in 2023, the Supreme Court in Subhash Desai vs Principal Secretary, Governor of Maharashtra case, 2023, directed the Maharashtra assembly Speaker to set a timeline for the disqualification of the MLAs.
14. Similarly, in 1994, the Supreme Court of India held that a majority can be tested only on the floor of assembly and not otherwise.
Important issues associated with the office of the Speaker -
1.It is alleged that the Speaker favours his party men in Lok Sabha.
2.He misuses discretionary powers while deciding money bills and political defections.
3.He is also criticised for restricting debates and discussions to favour the ruling party.
4.He is also charged with putting party interest above national interest.
5.He is also accused of adopting the tactics of gerrymandering to favour the ruling party by putting bills on vote without discussion in the Parliament.
6.He is also accused of putting a bill on vote without sending it to the select committee for proper discussion and deliberation by the opposition parties. For example, three farm laws were passed by the Lok Sabha in hurry and when the farmers agitated for one year long, the Government had to withdraw the bill.
The Independence and impartiality of the Speaker -
1.Our constitution has secured the independence and impartiality of the Speaker by giving him a security of tenure. This means that the resolution for his removal can be moved in the Lok Sabha only after the support of 50 members and a 14 days advance notice to this effect.
2.Secondly, his salaries and allowances are charged upon the consolidated fund of India and are therefore, non votable in the Parliament.
3.His powers to regulate the procedure of conducting business in the Lok Sabha cannot be subject to judicial review.
4.He cannot vote in the Lok Sabha but in case of tie, he has the right to cast his vote.
5.In the order of precedence, he is placed at the sixth rank along with the chief justice of India and is thus above cabinet ministers except the Prime Minister and the Deputy Prime Minister.
Way Forward
1.The Speaker is a bridge between the government and the opposition. He is duty bound to uphold democratic process by ensuring adequate space both to the ruling party and the opposition parties. Once elected as the Speaker, he should resign his parent party and should work as neutral referee in the House like the Speaker of the House of the commons in Britain. In matters relating to disqualification of a member from the House under the anti-defection law (under tenth schedule) and in deciding a particular bill as a money bill, he should show non- partisanship.
2.It is his primary duty that bills introduced by the Government must be adequately discussed in the House so that there should not be any lacunae left. And therefore, the bills should be referred to the select committee for proper deliberation. But this trend has been reversed in the previous Lok Sabha. The numbers of referred bills to select committees have declined from 71% during 2009-14 to 16% during 2019-24.
3.The Speaker should also refrain from suspending large scale MPs. In the 17th Lok Sabha, the Speaker suspended more than 150 MPs. This is not a good sign of healthy democracy. After all, democracy is a government of deliberations and discussions.
Conclusion
1.Parliamentary debates and deliberations are guided by the Speaker of the Lok Sabha.
2.He should set the highest standard in public life by working in a non-partisan way.
3. Since he is one of the pillars of parliamentary democracy in India, he should be above party politics and should strengthen the democratic process in India.
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