Context:

Frequent parliamentary disruption has brought the role of speaker in the question.

Role of Speaker

• In the Lok Sabha, as in the United Kingdom, the Speaker is the supreme authority;
• he has vast powers and it is his primary duty to ensure the orderly conduct of the business of the House.
• Once a person is elected Speaker, he is expected to be above parties, above politics.
• he belongs to all the members or belongs to none.
• He holds the scales of justice evenly, irrespective of party or person.
• Pandit Nehru referred to the Speaker as “the symbol of the nation’s freedom and liberty”.
• Speakers should be men of outstanding ability and impartiality.
• He is conscience and guardian of the House.
• As the principal spokesperson of the Lok Sabha, the Speaker represents its collective voice.

 

Powers of the Speaker

• It is the Speaker’s duty to decide what issues will be taken up for discussion.
• He has the sole discretion to permit an adjournment motion to be tabled or to admit a calling attention notice, if the issue is of urgent public importance. 
• Quasi-Judicial Body:His/her decision in all Parliamentary matters (including disqualification matters under Tenth Schedule) is final, binding and ordinarily cannot be challenged in the Court of law. Thereby, Speaker acts as the ultimate arbitrator.
  • For example, on this question whether a bill is a money bill or not, his/her decision is final.
  • However, on the questions of disqualification of the members, the Supreme Court in Kihoto Hollohan vs Zachillhu and Others, 1992 case ruled that the decision of the Speaker in this regard is subject to judicial review.
• Maintains order and decorum in the House for conducting its business and regulating its proceedings.
• Allocates duration for debates, can discipline members of the House, and even override decisions taken by the Committees of the House.
• Final interpreter of the provisions of the Constitution of India, Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary precedents within the House.

 

Issues with the Partisan role of Speaker

• The present practice of the Speaker continuing to be an active member of the ruling party has the inevitable result of his refusing to allow any debate or discussion that may be essential in national interest but may embarrass the ruling party.
• This inevitably leads to constant disruption of Parliament by the Opposition.
• The persistent disruption of Parliament causes extensive damage not only to the prestige of the House but also frustrates the primary function of any legislature: The responsibility to make laws for the good governance of the country after careful debate and deliberation.
• The stalling of parliamentary proceedings has led to the passing of important bills in several sessions without any discussion.
• It leads to law making by the bureaucracy.

 

Constitutional Provisions related to Speaker

 

 

Supreme Court Observations:

Supreme Court Judgement	Observations
Jagjit Singh versus State of Haryana (2006)	·       highlighted the allegations about the confidence on the role of Speaker in the matters of impartiality.
Kihoto Hollohan case (1992)	·       the suspicion of bias on the Speaker’s role could not be ruled out as his/her election and tenure depends on the majority will of the House (or specifically of the ruling party).
Manipur Legislative Assembly (2020)	·       why a Speaker- who is a member of a particular political party and an insider in the House, should be the sole and final arbiter in the cases of disqualification of a political defector.

 

Rules related to power of speaker:

Rules 378: The Speaker shall preserve order and shall have all powers necessary for the purpose of enforcing own decisions.

Rules 373: Speaker can ask any member to withdraw from the house in case of grossly disorder conduct. The member has to withdraw compulsorily and remain absent for the day’s sitting of the house.

Rules 374: The Speaker may   name a member who disregards the authority of the Chair or abuses the rules of the House through disorder conduct. Speaker can disqualify such members after a passed motion to be absent for remaining session. House can revoke such disqualification  through a motion.

Rules 374(1): If a member abuses rules of house by coming into the well or shouting slogans, can be automatically suspended from the service of the House for five consecutive sittings or the remainder of the session through naming by Speaker.

Cases :

• Speaker Sumitra Mahajan suspended 45 members of Lok Sabha belonging to the TDP and AIADMK after they continuously disrupted proceedings for days.
• Speaker Meira Kumar had suspended 18 MPs from (undivided) Andhra Pradesh following pandemonium in the House.

Possible reforms in Power of Speaker:

• Making it compulsory for the speaker to resign from his party before taking the position of speaker. It will ensure neutrality of the post.
• Some of speaker’s decision like suspension of members may be subject to review by judiciary.
• A code of ethics for MPs must be formed to clearly define cases for suspension and dismissals
• Power must be given to speaker to form a parliamentary committee to recommend removal of MPs regularly disrupting the house.