Context-

The Speaker of the Lok Sabha holds a pivotal role in the Indian parliamentary system, with significant authority over the conduct of business in the House. This position involves responsibilities such as granting permission to members to ask questions or discuss matters, and the power to expunge remarks deemed unparliamentary or critical of the ruling party. As the 18th Lok Sabha's first session approaches, the Telugu Desam Party (TDP) and the Janata Dal (United) (JD(U)) are competing for the Speaker’s post, reflecting the critical nature of this role in safeguarding political alliances and maintaining parliamentary integrity.

The Role of the Speaker

Constitutional Authority

The Speaker serves as the constitutional and ceremonial head of the Lok Sabha. Article 93 of the Indian Constitution mandates the election of the Speaker and Deputy Speaker "as soon as may be" after the commencement of the House, though it does not specify a timeframe or process for these elections. The Speaker is elected by a simple majority vote and serves until the dissolution of the House, unless they resign or are removed earlier.

Removal Process

The Speaker can be removed from office through disqualification proceedings or a no-confidence motion. Article 94 of the Constitution requires a 14-day notice for such a resolution. Once removed, the Speaker can attend House proceedings but cannot preside over them.

Speaker's Influence on Parliamentary Proceedings

Control Over House Business

The Speaker's authority includes deciding the conduct of business in the House. Members need prior permission to ask questions or discuss matters, and the Speaker can expunge remarks deemed unparliamentary or critical of the government. This power was evident last year when former Lok Sabha Speaker Om Birla ordered the expunction of Congress leader Rahul Gandhi's remarks on the links between Prime Minister Narendra Modi and industrialist Gautam Adani.

Certification of Money Bills

The Speaker also determines whether a Bill should be certified as a Money Bill, limiting the Rajya Sabha's powers over it. The BJP government has faced accusations of introducing critical laws as Money Bills to circumvent the Rajya Sabha, where it lacks a majority. Examples include the Aadhaar Bill and amendments to the Prevention of Money Laundering Act, 2002, and the Foreign Contributions Regulations Act, 2010.

Handling of No-Confidence Motions

The Speaker's role is crucial during motions of no-confidence against the government. In 2018, then Speaker Sumitra Mahajan delayed admitting a no-confidence motion against the BJP government, highlighting the Speaker's power in such situations.

Suspension of Members

The Speaker's power to suspend members for misconduct is often seen as biased against Opposition members. Data from The Hindu indicates that Lok Sabha rules for suspension are disproportionately used against Opposition members. For instance, Congress leader Adhir Ranjan Chowdhury was swiftly suspended for his remarks against the Prime Minister, while BJP MP Ramesh Bidhuri received only a warning for communal slurs against a BSP member.

Political Implications and Criticisms

Partisan Actions and Bias

The Speaker is expected to be an impartial arbiter, representing the collective voice of the House. However, critics argue that the Speaker often acts as a biased functionary of the ruling party. This alleged bias was evident during the Maharashtra political crisis when Chief Minister Eknath S. Shinde and other Shiv Sena MLAs rebelled against then Chief Minister Uddhav Thackeray, leading to the collapse of the Maha Vikas Aghadi government.

The TDP and JD(U) Pursuit of the Speaker's Post

With the first session of the 18th Lok Sabha approaching, the TDP and JD(U) are vying for the Speaker’s post to protect their interests within the National Democratic Alliance (NDA). This move aims to insulate alliance partners from potential splits, as the Speaker's quasi-judicial authority wields considerable power in deciding disqualification petitions under the anti-defection law.

Anti-Defection Law and the Speaker's Role

Introduction and Purpose

The anti-defection law, introduced in 1985, aims to curb instances of members switching parties after inducement. However, if two-thirds of a party's elected members agree to merge with another party, they are exempt from disqualification.

Speaker's Powers Under the Tenth Schedule

The Supreme Court upheld the Speaker's power to decide disqualification petitions in the landmark case Kihoto Hollohan v. Zachillhu (1992). Judicial review is permissible only after the Speaker's final order. However, partisan actions by Speakers have led to government collapses, as delays in deciding disqualification petitions can nullify the Tenth Schedule's purpose and make vulnerable governments more susceptible to instability.

Recent Judicial Interventions

The Supreme Court has criticized delays in disqualification proceedings. In 2019, the Court in Shrimanth Balasaheb Patil v. Hon’ble Speaker Karnataka emphasized the Speaker's constitutional responsibility to act impartially. Last year, the Court rebuked Maharashtra Assembly Speaker Rahul Narwekar for delaying disqualification petitions, reducing the proceedings to a "charade."

In Keisham Meghachandra Singh v. The Hon’ble Speaker Manipur (2020), the Supreme Court directed Speakers to decide disqualification pleas within three months, except in extraordinary circumstances. It also recommended revoking the Speaker's disqualification powers and vesting the authority in an independent tribunal headed by former judges.

Historical Context and the Speaker's Evolution

TDP's Pursuit of the Speaker's Chair

The TDP's interest in the Speaker's post is not new. In 1998, Ganti Mohana Chandra Balayogi was handpicked by TDP leader Chandrababu Naidu to become the youngest and first Dalit Speaker of the Lok Sabha. This historical context underscores the strategic importance of the Speaker's role in Indian politics.

Supreme Court's Stand on Speaker's Impartiality

The Supreme Court's observations in various cases underscore the necessity for the Speaker to maintain impartiality and independence. The Court's recommendations for reforms aim to strengthen the role of the Speaker and ensure that political affiliations do not influence their constitutional duties.

Conclusion

The Speaker of the Lok Sabha holds a crucial position in the Indian parliamentary system, balancing constitutional responsibilities and political pressures. As the first session of the 18th Lok Sabha approaches, the competition for the Speaker’s post highlights its significance in safeguarding political stability and integrity. The Speaker's role in parliamentary proceedings, certification of Money Bills, handling of no-confidence motions, and implementation of the anti-defection law underscores the need for impartiality and adherence to constitutional duties. Judicial interventions and historical precedents further emphasize the importance of insulating the Speaker's office from political influence to uphold the principles of democracy and parliamentary governance.

Source- The Hindu