Role of Lok Sabha Speaker

With the formation of the 18th Lok Sabha, Om Birla, MP from Kota, Rajasthan, was elected by voice vote for the post of Speaker of the Lok Sabha.

The Speaker is the constitutional and formal head of the Lok Sabha. In India, the institutions of Speaker and Deputy Speaker were created in the year 1921 under the provisions of the Government of India Act, 1919 (Montagu-Chelmsford Reforms).

Constitutional Provisions for the post of Lok Sabha Speaker

• Article 93: The Speaker is elected from among the members of the Lok Sabha. Whenever the post of Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy.
• The Speaker is elected by a simple majority in the House and holds office during the term of the Lok Sabha.
  • There are no specific qualifications to become the Speaker.
• However, according to Article 94, the Lok Sabha speaker resigns in the following cases:
  • His membership of the Lok Sabha ceases.
  • He tenders his resignation addressed to the Deputy Speaker.
  • He is removed by a resolution passed by a majority of all the then members of the Lok Sabha.
• According to Article 94 of the Constitution, a no-confidence motion can be brought against the speaker with a notice of 14 days.
• If the Lok Sabha is ever dissolved, the speaker shall not vacate his office until immediately before the first meeting of the Lok Sabha after the dissolution.

Powers of the Speaker

• Conduct of the House: The Speaker is responsible for presiding over the sessions of the Lok Sabha and for conducting debates and discussions in an orderly and dignified manner.
  • There are rules and procedures for the functioning of the House, but the Speaker has extensive powers to ensure compliance with these rules and to choose procedures.
  • The Speaker has the power to decide on matters of order and to enforce the rules of Parliament.
  • The conduct of government business is decided by the Speaker in consultation with the Leader of the House.
  • Prior permission of the Speaker is required for members to ask questions or discuss a matter.
• As the spokesperson of the Lok Sabha: The Speaker is often called upon to represent the Lok Sabha and to speak on behalf of the Lok Sabha in public or at international events.
• Questions and records: The Speaker decides the admissibility of a question raised by a member as well as the publication of the proceedings of the House.
  • The Speaker has the power to expunge unparliamentary remarks (as determined by him) either wholly or in part.
• Final Interpreter: He gives the final interpretation of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha and parliamentary precedents within the House.
• Quorum: The Speaker has the power to adjourn the House or suspend a sitting in the absence of a quorum.
  • For a sitting of the House to take place, one-tenth of the total membership of the House must be present.
• Casting Vote: According to Article 100 (1) of the Constitution, the Speaker does not vote in the first instance but in case of a tie, he can exercise a casting vote.
• Joint Sittings and Secret Sittings: He presides over a joint sitting of the two Houses (Article 108).
  • According to Rule 248(1) of the Rules of Procedure and Conduct of Business in Lok Sabha, a secret sitting may be called by the Speaker on the request of the Leader of the House. The Speaker may fix a day or part of a day for a secret sitting of the House.
• Certifying a Money Bill: The Speaker's decision on the question whether a Bill is a Money Bill or not is final.
• Decision on disqualification of members: The Speaker has the power to decide on the question of disqualification of a member of Lok Sabha on the ground of defection.
  • However, in the Kihoto Holohan case, the Supreme Court has brought the Speaker's decision within the purview of judicial review.

Role of the Speaker in Parliamentary Democracy

• Maintaining the Impartiality of the Lok Sabha: The Speaker is expected to be neutral and impartial in the discharge of his duties and to ensure fair and equal treatment to all the members of the Lok Sabha.
• Ensuring Transparency and Accountability of the Lok Sabha: The Speaker is responsible for ensuring that the proceedings of the Lok Sabha are open and transparent and that information about the work of the Lok Sabha is available to the public.
• Playing an important role in the legislative process: The Speaker has several duties related to the passage of legislation, including:
  • Assigning bills to committees
  • Deciding the order of consideration of bills
  • Certifying the final text of bills before they are presented to the President for approval

Issues related to the Speaker's post

• Partisanship: There have been many instances where the Speaker has been accused of being biased towards a particular political party or ideology.
  • Such allegations can diminish the credibility and integrity of the Speaker's post.
  • During a no-confidence motion against the government, the Speaker's impartiality affects the opposition.
• Exercise of discretion: The Speaker has also been accused of exercising discretion in an arbitrary or partisan manner.
  • The realities of the Speaker's power under the Tenth Schedule of the Constitution are more important than the way the House is conducted.
  • The Tenth Schedule or the Anti-Defection Law, inserted in the Constitution through the Fifty-second (Amendment) Act, 1985, empowers the Speaker of the House to disqualify a member who 'defects' from a party. This has led to a perception of unfairness or lack of transparency in the decision-making process.
  • In the landmark case of Kihoto Holohan vs Jachillu in 1992 the Supreme Court upheld the power vested in the Speaker and held that only the final order of the Speaker would be subject to judicial review.
• Dealing with disruptions: The speaker is responsible for maintaining order and decorum in the Lok Sabha. There have been many instances where the speaker has faced criticism for his handling of disruptions in the Lok Sabha.
• Voice vote and division of votes: When the ruling party is outnumbered in the House, the speaker tries to push through a bill by voice vote, ignoring requests for division of votes.

Suggestions to make the Speaker's post more effective

• To ensure impartiality, the Speaker of the House of Commons in the United Kingdom is traditionally required to resign from his political party after being elected to office.
  • This provision can be implemented in India too. Neelam Sanjiva Reddy is the first Lok Sabha Speaker who formally resigned from his political party (Congress) after assuming office.
• In Canada, the Speaker has the power to summon ministers to appear in the House to answer questions and to investigate matters of public concern.
  • This can increase the Speaker's monitoring role over the executive and make him accountable to Parliament.