The notion of “Once a Speaker, Always a Speaker” suggests a continuous involvement of individuals in the role of the Speaker of Lok Sabha, fostering objectivity and experience. While this could bring stability and expertise to the position, potential downsides include a lack of fresh perspectives and reduced dynamism in the leadership of the house. Balancing continuity with the infusion of new ideas is essential to ensure the robust functioning of parliamentary business in India, emphasizing both experience and adaptability for effective governance.
UPSC Mains General Studies Paper – 2 Mains 2020
UPSC Mains Civil Services IAS Exam Question Paper – 2020
Tags: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Approach
- In Introduction, try to write about the office of the Speaker in India in comparison to other countries with Parliamentary Democracy.
- In Body,
- Issues with the institution of Speaker.
- Instances of partiality on the part of the Speaker.
- Reforms to impart objectivity to the office of the Speaker.
- In Conclusion, the significance of having an established office of a Speaker in Democracy.
Answer
The position of the Speaker is a position of great prestige and dignity. In the UK, there is a convention that once a Speaker, always a Speaker. It means that a Speaker’s constituency is unchallenged. Once a person is appointed as a Speaker he gives formal resignation from his political parties. The Indian System of Government follows the Westminster Model, the Parliamentary proceedings of the country are headed by a presiding officer, who is called the Speaker.
In recent times, the role of Speaker has come into contention between the opposition and the ruling parties for its partial behavior.
Issues with ‘Office of the Speaker
- Speaker not being an Apolitical entity: Speaker is appointed from the party/coalition enjoying the majority in the lower house. Thus, one continues to hold the party affiliation even after appointment to the post. This often leads to subjective interpretation of issues rather than objectivity needed in a parliamentary democracy.
- Defection: In deciding the question of disqualification under the tenth Schedule, the speaker’s decision is absolute. Many times, it has been alleged that the Speaker had acted in a biased manner.
- E.g.: Suspension of almost all the MLAs of the Tamil Nadu Assembly in 2006
- Money Bill: While deciding Money Bill, a party holding majority has sway over the speaker’s decision minimizing debate and point of view from other party members and also from Rajya Sabha, even if the bill is adjudged legally correct, for example in case of passage of Aadhar Bill.
- E.g.: Kihoto Hollohan vs. Zachillhu and Others (1992), Jagjit Singh vs. State of Haryana (2006), Keisham Meghachandra Singh vs. the Speaker Manipur Legislative Assembly & Ors. (2020).
Reforms to impart objectivity to the office of the Speaker
- Adopting the UK System: UK practice of ‘once the speaker always a speaker’ can be followed in India to have more comprehensive debates, more balanced emphasis to opposition parties and bring more credibility to the institutions of Speaker.
- Political Neutrality: It is the freedom from interference and pressures which provide the necessary atmosphere where he/she can work with absolute commitment to the cause of neutrality as a constitutional value.
- Constitutional Impartiality(Security of Tenure): Speaker’s removal can only be by an absolute majority; the salary is fixed and charged on Consolidated Fund of India/State; the works conduct cannot be discussed except for Substantive Motion; Powers within house are not Judicially Reviewable.
- Judicial Review: In Kihoto Hollohan vs Zachillhu and Others, 1992 case, Supreme Court allowed for Judicial Review in case of questions concerning disqualification of members under the tenth schedule.
- Independent Tribunal: Independent Tribunal for deciding cases of disqualification under tenth schedule as recommended in Keisham Meghachandra Singh vs. the Hon’ble Speaker Manipur Legislative Assembly & Ors. (2020), can be established.
Conclusion
Neutrality, autonomy, and fairness in decision-making are the hallmarks of a robust institution. At a time when India falls in ranks, in the latest Democracy Index, it is expected of Parliament to have a major revamp in the structure of the office to strengthen the institution of the ‘Office of the Speaker’.
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