What's the article about?
- It talks about the role of the Speaker in the context of Indian Parliamentary system.
Relevance:
- GS2: Parliament and State Legislatures—Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these
- Essay
Context:
- The Speaker of the Lok Sabha and the Legislative Assemblies in India plays a crucial role in upholding the dignity and impartiality of the legislature.
- However, the functioning of this institution has been marred by instances of partisanship and inaction, raising concerns about its effectiveness in ensuring fair and just proceedings.
Analysis:
- Speaker Conduct and Gaps:
- The Indian Constitution entrusts the Speaker with the responsibility of maintaining order in the House, presiding over its debates, and ensuring that the rules of procedure are followed. Additionally, the Speaker holds the authority to decide on disqualification petitions under the Tenth Schedule of the Constitution, which deals with the issue of defection.
- Despite these crucial responsibilities, the conduct of Speakers has often been called into question. Instances of suspension of Opposition members for relatively minor offenses, while members of the ruling party are allowed to make derogatory remarks without consequence, highlight the partisan nature of some Speakers.
- Furthermore, the Speaker's role in referring Bills to Parliamentary Standing Committees has also been criticized. While significant Bills requiring detailed scrutiny should be referred to these committees, the practice has become increasingly rare, suggesting a lack of commitment to thorough legislative scrutiny.
- Partisanship in Disqualification Petitions:
- The Speaker's authority to decide on disqualification petitions under the Tenth Schedule has been a source of particular concern. The Supreme Court has repeatedly expressed reservations about vesting this power in a political figure, as it creates an inherent conflict of interest.
- In the case of Kihoto Hollohan (1992), the minority judges held that vesting the power to decide on defections with the Speaker violated the basic democratic principles. Similarly, in Keisham Meghachandra Singh vs The Honble Speaker Manipur (2020), the Supreme Court recommended amending the Constitution to establish an independent tribunal to handle these matters.
- The recent inaction of the Speaker of the Maharashtra Assembly in deciding disqualification petitions for over a year, despite directions from the Court, further highlights the need for reform in this area.
- Need for Impartiality and Reform:
- The Speaker's role in the Indian Parliament is fundamental to ensuring the fair and impartial functioning of the legislature. However, the current system has shown itself to be susceptible to political biases, leading to concerns about the erosion of public trust in the institution.
- Adopting the practices followed in Britain, where the Speaker resigns from their political party upon assuming office, could help instill confidence in the Speaker's impartiality. Additionally, establishing an independent tribunal to handle disqualification petitions would provide a more neutral and transparent process for resolving these matters.
- Until such reforms are implemented, it is imperative that Speakers uphold the highest standards of impartiality and eschew any form of partisanship in their decision-making. Only then can the Speaker truly fulfill its role as the impartial guardian of the legislature.
Way Forward:
- The Speaker of the Lok Sabha and the Legislative Assemblies plays a vital role in safeguarding the democratic principles and ensuring the smooth functioning of the Indian Parliament. However, the institution's effectiveness has been hampered by instances of partisanship and inaction, raising concerns about the erosion of public trust. Addressing these shortcomings requires adopting practices that promote impartiality and establishing independent mechanisms to handle sensitive matters. By upholding the highest standards of fairness and transparency, the Speaker can regain its rightful position as the impartial guardian of the legislature.
