Powers and Functions of the Speaker of Lok Sabha.

 

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. 

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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. 

Speakers of Lok Sabha 1.G V Mavlankar - 15 May 1952 to 27th February 1956. 2.M A Ayyangar - 8th March 1956 to 10th May 1957, 11th May 1957 to 16th April 1962. 3.Sardar Hukam Singh - 17th April 1962 to 16th March 1967 4.Neelam Sanjiv Reddy - 17th March 1967 to 19th  July 1969 5.Gurdayal Singh Dhillon - 8th August 1969 to 19th March 1971, 22nd March 1971 to 1st December 1975. 6.Baliram Bhagat - 15th January 1976 to 25th March 1977. 7.Neelam Sanjiva Reddy - 26th March 1977 to 13th July 1977. 8. K S Hegde - 21st July 1977 to 21st January 1980. 9.Balram Jakhar - 22nd January 1980 to 15th January 1985, 16th January 1985 to 18th December 1989. 10.Ravi Rai - 19th December 1989 to 9th July 1991. 11.Shivraj Patil - 10th July 1991 to 22nd May 1996. 12.P A Sangma - 23rd May 1996 to 23rd March 1998. 13.GMC Balayogi - 18th March 1998 to 19th October 1999, 22nd October 1999 to 3rd March 2002. 14.Manohar Joshi - 10th May 2002 to 2nd June 2004. 15.Somnath Chatterji - 4th June 2004 to 30th May 2009.  16. Mira Kumar - 30th May 2009 to 4th June 2014. 17. Sumitra Mahajan - 6th June 2014 to 16th June 2019. 18.Om Birla - 18th June 2019 to till date.

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.  

Social Changes in Mughal Period (1526-1740 AD)

 

Introduction

1. Babur established the Mughal dynasty in 1526 AD by defeating Ibrahim Lodhi in the first battle of Panipat and also defeated Rana Sangha, Medini Rai, and Afghans.

2. The Mughal dynasty continued till 1857 but its effectiveness declined after 1740 AD.

3. During the Mughal period almost all parts of India up to Hindu Kush mountain was integrated.

4. The growth of Political integration was paralleled by cultural integration. 

5. Indian society developed a more or less unified culture despite differences in race, religion, and language. 

6. The period was also marked by economic development and growth. Trade and manufacturing expanded. There was expansion and improvement in cultivation. 

7. The 17th century witnessed great strides in Gujarat, Coromandel coast and Bengal.

Mutual harmony and toleration

1. During this period because of the Bhakti and Sufi movement, gradual understanding of fundamental tenets of Hinduism and Islam developed.

2. Bhakti saints laid emphasis on true faith rather than to formal observance. 

3. There was a setback to the growth of rational sciences. Similarly, India lagged behind in the development of the navy. Watch Full Video In Hindi On Youtube By Clicking On The Icon🔻

Social changes 

1. Caste continued to dominate. 

2. The Bhakti movement and Nath Panthi yogis could hardly make a dent in it.

3. Brahmins continued to claim privileged positions for themselves including the exclusive right to preach and educate.

4. Brahmins acquiesced in the advocacy of path of devotion as a way of salvation of all castes specially for Shudras.

5. Position of women worsened. 

6. There was no right to Hindu women for remarriage or share in their father’s property while muslim women could inherit property of their father. The Hindu women could claim only stree dhan (wedding gifts) from their parents. 

7. The ruling class remained strongly aristocratic in character.

8. There was less opportunities for people of lower classes to go on the higher scale. 

9. Because of the less opportunities of war, now the Rajput caste started giving primacy over descent instead of military achievement. The open ended Rajput caste became closed. 

10. During this period, a large number of tribals were Hinduised. 

An unequal society

1. Almost all foreign accounts tell us that India was rich and wealthy. Its ruling class led an ostentatious lifestyle while the ordinary people like peasants, artisans and labourers were suffering from acute poverty.

2. Peasants and lower classes had no sufficient clothes to cover their bodies,

3. Common People went on bare footed.

4. The ruling class consisted of the emperor and his scions, kings, nobility  and zamindars. They were a privileged class. 

5. Mughal nobles were drawn from central Asia, Iran, Khurasan and Afghanistan

6. During the period of Akbar, Hindu nobility formed 16% while during the period of Aurangzeb, Hindus nobility constituted 33%. 

7. Muslim and Hindu nobles kept a large number of women in their Harem. 

8. Polygamy became common among nobility and zamindars. 

9. The Mughal nobility constituted a composite ruling class representing different regions and religions. There were two kinds of nobles in the Mughal court - foreigners and indigenous.  Among the foreign nobles they were divided into Irani who were drawn from Iran and Turani who were drawn from central Asia. Among Hindu nobles, Rajputs of northern India and Marathas of Deccan constituted two important powerful groups in the Mughal court. 

10. Rapid growth in the number of nobility during the 17th century led to the crisis of the jagirdari system. 

11. The rural areas were dominated by zamindars. 

12. In addition to their own zamindari, they had the right to collect land revenue and the commission for collecting taxes  went up to 25%.

13. Peasants had hereditary rights in land and they could not be dispossessed from land as long as they paid the land revenue. 

14. So, peasants and zamindars had their own hereditary rights in lands. 

15. There were also numerous Rajas or kings who had accepted the sovereignty of Mughals in lieu of a fixed amount of annual homage to the Mughal emperor .

16. These Rajas or kings collected land revenue in their areas and had sufficient internal autonomy.

Middle class 

1. Because of the relative peace during the Mughal period, India had large number of rich traders and merchants. 

2. In addition, small Mansabdars, shop keepers, professionals like Hakim, musicians, artists, historians, scholars, Qazis, theologians, government officers formed the middle class.

3. The religious divines, scholars were granted small tracts of land for their maintenance and these grants were called Madad-e-mass. These land grants were often hereditary while the government officers were paid in cash.

Policy of Akbar

1. Mughal period saw harmonisation of relationship between Hindus and Muslims. 

2. Akbar abolished Jizya, pilgrimage tax, ban on prisoners of war to convert into Islam.

3. The Sati system was abolished by Akbar but with little success. 

4. Ban on child marriages but with no tangible results.

5. The policy of Sulah-Kul (conciliation to all) proved beneficial to the Hindu-Muslim unity.

6. Rajput policy further strengthened the harmony between Hindu and Muslim.

7. Rajput leaders became the solid rock behind the Mughal empire.

Policy of Aurangzeb

1. He re-imposed Jizya, toll tax, converted prisoners of wars into Islam  and destroyed many temples.

2. He gave rebates to Muslim traders in custom duties. While the Muslim traders were charged only 2.5 % custom duties, the Hindu traders were charged 5% on merchandise.

3. He annexed the Shia state of Bijapur and Golconda. 

4. He fought against Shivaji and was reluctant to give Marathas the local autonomy or watan (homeland).

5. He got killed Sambhaji, which led to the recurrent revolts among Marathas against Mughals. 

6. He suppressed Jat and Satnami revolts.  

7. He got killed Guru Teg Bahadur and four sons of Guru Govind Singh, and thereby alienated Sikhs from Mughals.

8. He Reversed the Rajput Policy of Akbar. And this was one of the reasons for the alienation of Hindus from the Mughals. 

Conclusion

1. The Mughal period saw harmony among Hindus and Muslims. But during the reign of Aurangzeb, this harmony was disrupted. 

2. India was the biggest economy of the world in 1700 AD but the society was very much unequal .

3. While the zamindars and nobles led the life of luxuries, common people eked out their livelihood with great difficulties.

4. In most of the cases, they could not earn more than Rs.5 per month. 

5. Overall, the society was peaceful and harmonious. 

6. Mughals did not face large scale revolts like during the sultanate period before the reign of Aurangzeb.

7. The reign of Aurangzeb saw large number of revolts by Marathas, Rajputs, Sikhs, Afghans, Satnamis. 

8. The disharmony created by fanatic Aurangzeb led to the downfall of the Mughal empire and in 1739 by the attack of Nadir Shah, the Mughals were exposed to the world.

9. While the trade and manufactures continued to expand during the 18th century, in spite of the downfall of the Mughal Empire, it remained backward not only in the field of science and the technology but in size also. The craftsmen used simple tools and therefore. their efficiency remained low. Because of the concentration of wealth among zamindars, nobles and the emperors, the artisans and craftsmen could not become entrepreneurs like in Europe. The domestic market was limited and artisans and craftsmen had to be dependent upon merchants and traders.  Secondly, the skill of Indian artisans and availability in abundance inhibited efforts to develop and apply machine power to productive enterprises.  This resulted in low productivity. 

10. The Mughal period heralded cultural integration in India. They developed a unified culture despite differences in race, religion, ethnicity and language. This unified culture was reflected in an outburst of creative activity. However, this integrated culture came under pressure on account of attacks from the orthodox elements of Hinduism and Islam. On the whole, this cultural unity between Hindus and Muslims continued till the 19th century when people of both religious groups fought against British rule in the 1857 Revolt.  

What was Dharma in ancient India?

 Introduction

1.The logo of the Supreme Court of India is Yato Dharmah, Tato Jayah. It means where there is  a Dharma, there is victory. 

2.Dharma in ancient India had a wider connotation. It meant righteousness or virtue. 

3.According to Dr. S Radhakrishnan, every form of life, every group of men has its Dharma, which is the law of its beings. Dharma or virtue is conformity with the truth or things, adharma or vice is opposition to it. 

4.According to P.V. Kane, the writers of Dharma shastras meant by Dharma not a creed or religion but a mode of life or a code of conduct which regulated a man’s work and activities as a member of society and as an individual. Dharma was intended to enable man to reach the goal of human existence, that is, Moksha or liberation from the cycle of life and birth. 

5.According to Bhagwat Geeta, Dharma is equated with Rta, that is, cosmic order and it is treated as synonymous with truth. He who protects Dharma is protected in turn by Dharma (Dharmo Rakshati Rakshita). It is the law of nature which helps man to attain the supreme end of life (Moksha or Liberation). 

Dharma is not religion

1.In common parlance, Dharma is equated with religion like Islam, Christianity, Hinduism, Buddhism, Jainism, Zoroastrianism or the likes. The central theme of a religion is belief in God or supernatural beings which controls the universe, a messenger of God, a holy book and a set pattern of rituals to be observed during one's life and after his death. However, in Hinduism there are more than one single sacred books. Nor is there a concept of the messenger of God. It has no founder or central authority to command its followers. The concept of purity and pollution plays an important role in Hinduism. It is tolerant towards all other religions and does not believe in conversions. 

2.On the other hand, Dharma consciously aims at achieving a higher perfection of human life that is moksha. It involves knowledge of reality and performance of duties. Dharma is the foundation of social structure. It has universal application. It enjoins the members of the society to subject themselves to obligations and responsibility regardless of individual differences. 

3.Ancient law givers developed the concept of Varnasharam Dharma. It means that there are four varnas, that is, Brahman, Kshatriya, Vaishya and Shudra. There are four ashramas, that is, Brahmacharya, Grahashthya, Vanprastha and Sanyasa. Thus, every varna has specific functions in conjunction with the station of his life. For example, if a person comes from Brahmin Varna and he is below 25 years of age, his Dharma is to gain knowledge, to know the rituals Hindu religion to improve his personality and character, to observe celibacy, to offer gurudakshina after the completion of his study. Similarly, if a person comes from a Kshatriya varna and if he is below 25 years of age, his principal dharma is to learn and practise different kinds of weapons to safeguards himself and the society, to understand the intricacies of governance because in the next stage of life he will have to administer the community.  

Kinds of Dharma 

1.Manu speaks of Sapta Dharma or seven types of Dharmas. These are 

• Sanatan Dharma (eternal and unchanging principle of Dharma) - It consists of general rules and duties which are almost universal in nature. These are truth non-violence, non stealing, to observe celibacy, control of senses etc.

• Raj Dharma - It is the duty of the king to observe equalities of laws and treat everybody equally, to protect them from enemies from within the state and from without, that is, protection from external aggression. 

• Stree Dharma - It implies duties, responsibilities and purity of character of women. It signals fidelity towards their husbands.

• Dampatya Dharma (Conjugal) - Duties of husband and wife towards each other, their family, distant relatives and society.

• Swa Dharma -  It means duties of different varnas according to the station of his life. 

• Ashram Dharma - It refers to duties of a person in different stages of his life. 

• Apad Dharma - It refers to the specific rules to be followed by individuals when they are or the society is in deep crises. 

Importance of Dharma in ancient India 

1.In the book Arthashastra, Kautilya exhorts the king to be Dharma Pravartak, means protector of the Dharma. Thus, he laid stress upon the duty of the King was that he must ensure that there must not be any deviation from duties each Varna of the society had been assigned to. There must not be intermixture of Varna on account of anuloma or pratiloma marriages. The king must ensure that people lead virtuous lives. 

2.The emperor Ashoka, propagated Dhamma but it was not a sectarian faith. Although his personal religion was Buddhism, he never forced his subjects to follow the principles of Buddhism. Instead, he propagated the principle of Dhamma. The basic  objective was to preserve the social order. He ordained that people should obey their parents, pay respect to the Brahmins and Buddhist Monks and show mercy to the slaves and merchants. Above all Dhamma was meant to show firm devotion to the king. He emphasised compassion towards animals and proper behaviour towards relatives. It was meant to strengthen the institution of the family and the existing social classes. Tolerance was the cardinal principle of the Dhamma.  

3.In Deccan and South India,almost all kings of different dynasties like Pallavas, Chalukyas, Western Ganga, Eastern Chalukyas, Rashtrakutas, Cholas, Pandyas took the title of Dharma Maharaja. The basic aim of all the kings was to protect the society and to ensure that nobody is allowed to deviate from duties that had been assigned to them according to the varna or the station of his life. It was their duties to ensure purity in the social relation and to prevent admixture of varnas. For example, when Kalbharas, the peasants revolted in Deccan and South India against the privileges of Brahmins in the 7th century AD, the three important powers like Chalukyas, Pallavas and Pandyas jointly crushed the peasant revolts and re-established Brahmanical social order.  

Conclusion 

1.According to P.V. Kane, in Rig Veda, the word Dharma was used 56 times. It means to maintain order, religious and moral duties or virtue, the right way of living.

2.There are four goals of life in Hinduism. These are Dharma, Artha, Kama and Moksha. Thus, Dharma is the basic foundation of life.

3.In Buddhism Dharma or Dhamma is basically the teachings of the Buddha. Similarly, in Jainism, Dharma refers to the teachings of the Tirthankaras. In Sikhism, Dharma refers to the path of righteousness, proper religious practices and performing moral duties. 

4.Thus,  Dharma has wider connotations in Hindu religion and philosophy. It is distinct from various religions of the world. It talks about the holding of social orders and realities of life. It does not talk about supernatural beings like various religions of  the world like Christianity, Islam, Hinduism, Buddhism or Jainism or others.