LOK SABHA SPEAKER: POWER, REMOVAL, AND CHALLENGES

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Picture Courtesy:  THEHINDU

Context

The no-confidence motion against the Lok Sabha Speaker has initiated a debate on the constitutional role and impartiality of the office, which is vital for the orderly functioning of Indian democracy.

Why is the Lok Sabha Speaker a Pillar of Parliamentary Democracy?

The Speaker is the head of the Lok Sabha and its principal spokesperson. Their authority is derived from the Constitution, the Rules of Procedure of the House, and parliamentary conventions. 

Key functions include:

Guardian of Order: The Speaker's primary duty is to maintain discipline and decorum in the House, ensuring that legislative business is conducted smoothly.

Final Interpreter of Rules: Within the House, the Speaker's interpretation of the Constitution, rules of procedure, and parliamentary precedents is final.

Protector of Members' Rights: They are responsible for safeguarding the rights and privileges of all members of the House, regardless of their political affiliation.

Quasi-Judicial Powers: The Speaker holds significant adjudicatory powers:

• Certifying Money Bills: Under Article 110, the Speaker's decision to certify a bill as a 'Money Bill' is final and cannot be challenged in a court of law.  
• Anti-Defection Law Decisions: The Speaker decides on the disqualification of a member on grounds of defection under the Tenth Schedule of the Constitution.
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Constitutional Procedure for the Speaker's Removal

The process for removing the Speaker is intentionally rigorous to ensure stability and protect the office from political pressure.

1. Constitutional Basis: Article 94(c) of the Constitution provides for the Speaker's removal by a resolution of the Lok Sabha.
2. Required Majority: The resolution must be passed by an 'effective majority', which is a majority of "all the then members of the House" (i.e., more than 50% of the total strength minus vacancies). 
3. Procedural Rules:
• A minimum of 14 days' advance notice is required.
• The motion must have the support of at least 50 members to be introduced.
• The resolution must contain specific and clearly worded charges.
4. Speaker's Role During Proceedings: As per Article 96, the Speaker cannot preside over the sitting while a resolution for their removal is being considered. However, they have the right to speak, participate, and vote as a regular member.

Historical Attempts at Removal

Motions to remove the Speaker are very rare in Indian parliamentary history, and none have ever been successful.

Challenges to the Speaker's Impartiality

Continuing Party Affiliation

Unlike the UK, the Indian Speaker does not formally resign from their political party after being elected. This creates a potential conflict of interest and reliance on the ruling party for re-election.

Controversial Rulings

Anti-Defection Law: Speakers have been accused of delaying or hastening decisions on disqualification petitions to benefit the ruling party. 

• The Supreme Court, in the Keisham Meghachandra Singh (2020) case, recommended that Parliament should create an independent tribunal to decide defection cases and set a three-month time limit for Speakers to decide on such matters.

Certification of Money Bills: The classification of important bills like the Aadhaar Bill as 'Money Bills' has been criticized as a tactic to bypass the scrutiny of the Rajya Sabha.

Suppressing Opposition Voice: Allegations include disallowing debates and questions from the opposition and unfairly suspending members, which stifles democratic discussion.

Way Forward to Strengthen the Office

Adopt the UK Convention

Political parties should build a consensus for the Speaker to formally resign from their party upon election to ensure visible neutrality.

Independent Adjudication

Implement the Supreme Court's suggestion to create an independent tribunal, to decide on defection cases under the Tenth Schedule.

Enhance Transparency

The Speaker should provide clear, public reasoning for crucial decisions, such as certifying Money Bills or disallowing debates, to build trust and reduce perceptions of bias.

Promote Dialogue

Regular, structured dialogue between the Speaker and leaders of all parties can help build consensus on procedural matters and reduce friction within the House.

Learn Lessons from Global Best Practices 

The United Kingdom's convention for its Speaker offers a robust model for ensuring impartiality:

• Political Neutrality: Upon election, the Speaker of the House of Commons resigns from their political party permanently.
• Security of Tenure: A strong convention, "Once a Speaker, always a Speaker," ensures they are re-elected unopposed in general elections, insulating them from political pressures.
• Post-Retirement Neutrality: After retiring, the Speaker is traditionally elevated to the House of Lords, ensuring they remain outside partisan politics.

Conclusion

The Speaker, as the custodian of parliamentary sanctity, must maintain impartiality, and strengthening the neutrality of this high office through reforms and consensus is crucial for public trust in the legislative body.

Source: THEHINDU