The approaching 18th Lok Sabha session highlights how important the Speaker is to a coalition government, not just for the efficient operation of the house but also for maintaining the balance of power between the opposition and the ruling party and its allies.
GV Mavalankar, the first Speaker, observed: Once a person is elected Speaker, he is expected to be above parties, above politics. In other words, he belongs to all the members or belongs to none. He holds the scales of justice evenly, irrespective of party or person.
Article 93 of the Constitution provides for the election of both the Speaker and the Deputy Speaker.
Speaker:
The Speaker of the Lok Sabha serves as Presiding Officer of the Lower House of Parliament of India.
The Speaker of the Lok Sabha is its ceremonial and constitutional head.
The Speaker is in charge of managing the house's business, upholding decorum and order, and making sure that the legislative process runs well.
The Speaker also represents the Lok Sabha in interactions with the President of India, the Upper House (Rajya Sabha), and other outside entities.
He/she is the guardian of the powers and privileges of the members, its committees and the House as a whole.
He/she is the principal spokesperson of the House.
He/she is the final deciding authority in all Parliamentary matters.
Senior Secretariat staff including the Secretary-General of the Lok Sabha assist the Speaker with parliamentary activity, protocol, and procedures.
The Deputy Speaker performs the duties when the Speaker is not present.
When the Speaker and Deputy Speaker are not present, a member of the panel of Chairmen preside over the House.
Nonetheless, in the event that the Speaker or Deputy Speaker's positions are vacant, a member of the panel of chairpersons is not permitted to lead the house.
Eligibility: Only sitting members of the Lok Sabha can be elected as Speaker.
Election Date:
Fixed by the President of India.
Scheduled as soon as possible after the first sitting of the House.
Voting Process: The Speaker is elected by a simple majority of members present and voting in the House.
Party Affiliation:
Typically, a member of the ruling party is elected as Speaker.
The Deputy Speaker is often from the opposition party.
There are instances where non-ruling party members have been elected as Speaker (e.g., GMC Balayogi and Manohar Joshi in the 12th and 13th Lok Sabha).
Term Continuity: The Speaker remains in office until the first meeting of the new assembly when a new Speaker is elected, even if the Lok Sabha is dissolved.
The Speaker remains in office during the life of the Lok Sabha.
However, the Speaker has to vacate his/her office earlier in any of the following three cases:
If he/she ceases to be a member of the Lok Sabha,
If he/she resigns by writing to the Deputy Speaker, and
If he/she is removed by a resolution passed by a majority of all the then members of the Lok Sabha (i.e. an Effective Majority).
Article 94 outlines the procedures for vacation, resignation, and removal from the positions of Speaker and Deputy Speaker.
Can be removed by a resolution passed by the Lok Sabha by an Effective Majority (i.e. a majority of the total membership of the House excluding the vacant seats).
A motion of removal of the Speaker of Lok Sabha can be moved only after giving 14 days’ advance notice to the Speaker.
This motion of removal can be considered and discussed only when it has the support of at least 50 members.
When a resolution for the removal of the Speaker of Lok Sabha is under consideration of the House, he/she cannot preside at the sitting of the House, though he/she may be present in the House.
However, he/she can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes.
Sources of Power and Duties: Derives the powers and duties from three sources:
Constitution of India,
Rules of Procedure and Conduct of Business of Lok Sabha,
Parliamentary Conventions (residuary powers that are unwritten or unspecified in the rules)
Maintains order and decorum in the House for conducting its business and regulating its proceedings.
Final interpreter of the provisions of: The Constitution of India, The Rules of Procedure and Conduct of Business of Lok Sabha, and The Parliamentary Precedents.
Adjourns the House or suspends the meeting in the absence of a Quorum.
The Quorum to constitute a meeting of the House is one-tenth of the total strength of the House.
Does not vote in the first instance. But can exercise a casting vote in the case of a tie.
Presides over a joint sitting of the two Houses of Parliament.
Decides whether a bill is a Money bill or not and his/her decision on this question is final.
Decides the questions of disqualification of a member of the Lok Sabha.
Acts as the Ex-Officio Chairman of the Indian Parliamentary Group.
Appoints the Chairman of all the Parliamentary Committees of the Lok Sabha and supervises their functioning.
Chairman of: The Business Advisory Committee, The Rules Committee and The General Purposes Committee.
Article 95 provides provisions regarding the “power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.”
Issues related to Speaker:
The neutrality of the Speaker in India's legislative system has been a persistent issue for over 60 years. The dependency on political parties for reelection makes the Speaker vulnerable to partisan pressures.
Judicial Observations: Supreme Court judgments on the anti-defection law highlight the partisan behavior of Speakers in state assemblies. Over the past decade, the notion of an impartial and independent Speaker has become increasingly rare.
Party Allegiance: The practice of Speakers remaining active members of their political parties results in biased conduct, often refusing debates that may be crucial for national interest but potentially embarrassing for the ruling party. This leads to frequent disruptions in Parliament by the Opposition.
Comparison to an Umpire: A Speaker who is still part of the ruling party is likened to an umpire appointed by one of the competing teams, compromising the fairness of proceedings.
Constitutional Obligation: The separation of powers, a fundamental principle of the Indian Constitution, necessitates that the Speaker resign from their party to maintain independence and impartiality. The precedent set by N Sanjiva Reddy in 1967, who resigned from his party upon becoming Speaker, underscores this obligation.
Enhancing the Independence and Role of the Speaker
Maintaining Impartiality and Fairness:
Critical for balancing diverse political interests.
Decisions on no-confidence motions, debate allocation, and member recognition impact government stability.
Role in Dispute Resolution:
Essential for mediating conflicts in coalition governments.
Impartiality helps find solutions acceptable to all stakeholders.
Influence on Legislative Outcomes:
Control over the legislative agenda affects bill passage and policy direction.
Pranab Mukherjee emphasized the Speaker's role as a bridge between government and opposition.
Ensuring Non-Partisanship:
Resignation from political parties to ensure neutrality.
Example of N. Sanjiva Reddy in 1967 and British convention of political neutrality for the Speaker.
Upholds the Constitution's principle of separation of powers.
UK's "Once a speaker always a speaker provision"
"Once a Speaker, always a Speaker" is a practice that suggests the Speaker shouldn't get back into active party politics even after their term is over. This strategy seeks to give the Speaker's office objectivity and neutrality.
A functioning democracy depends on a watchful Parliament, and the presiding officers are crucial to maintaining the efficacy of this body. As a result, the office of Speaker is regarded as an important position of authority that is in charge of upholding decorum in the house. For the same reason, the Speaker must gain the confidence of the members of Parliament by presiding over the House in an impartial manner in both practice and perception. Nonetheless, there have been a number of occasions where people have questioned the Speaker's objectivity.