Give up impropriety, demonstrate impartiality
In the Indian Constitution, the presiding officer of the Lok Sabha (House of the People) is known as the "Speaker." The Speaker is responsible for maintaining order during parliamentary proceedings, ensuring that all members have the opportunity to express their views, and making decisions on various matters, such as allowing or disallowing debates, motions, and votes. The Speaker is an impartial figure who represents the dignity and authority of the Parliament.
In the Rajya Sabha (Council of States), the presiding officer is known as the "Chairman." The Chairman's role is similar to that of the Speaker but is specific to the Rajya Sabha, which is the upper house of India's Parliament.
Both the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha play vital roles in the functioning of the Indian parliamentary system.
Eligibility:
The Speaker of the Lok Sabha (House of the People) in the Indian Parliament is elected from among the members of the Lok Sabha, which is the lower house of India's Parliament. The Speaker is elected by Members of Parliament (MPs) through a voting process. Here are the key eligibility and election criteria for the Speaker of the Lok Sabha:
Eligibility:
Election Process:
Nomination: The process begins with the nomination of Members of Parliament (MPs) who wish to stand for the position of Speaker. Typically, MPs from the ruling party or coalition propose the name of a candidate for the position.
Voting: The election of the Speaker is done through a simple majority vote. MPs cast their votes in favor of one of the candidates. The candidate who receives the majority of votes is elected as the Speaker. It's important to note that the Speaker is expected to be non-partisan and impartial, so members from all political parties should be able to trust their neutrality.
Administering the Oath: Once elected, the Speaker is administered the oath of office by the Pro tem Speaker (a temporary Speaker) or the senior-most member of the Lok Sabha. The Speaker then takes up the role officially.
Duration: The Speaker's term usually lasts for the duration of the Lok Sabha. If there is a dissolution of the Lok Sabha and a subsequent election, the Speaker resigns, and the election of the new Speaker takes place once the new Lok Sabha is constituted.
The Speaker of a State Legislature in India, also known as the Vidhan Sabha or Legislative Assembly, plays a crucial role in the functioning of the state's legislative processes. The Speaker's role and election process in a State Legislature are similar to that of the Speaker of the Lok Sabha (the lower house of the Indian Parliament). Here are the key aspects regarding the Speaker of a State Legislature:
Eligibility:
Election Process:
Nomination: Members of the Legislative Assembly (MLAs) nominate individuals who wish to stand for the position of Speaker. Typically, MLAs from the ruling party or coalition propose the name of a candidate for the position.
Voting: The election of the Speaker is conducted through a simple majority vote. MLAs cast their votes in favor of one of the candidates. The candidate who secures the majority of votes becomes the Speaker.
Administering the Oath: Once elected, the Speaker is administered the oath of office by the Pro tem Speaker or the senior-most member of the Legislative Assembly. The Speaker then officially takes up the role.
Duration: The Speaker's term generally corresponds to the term of the Legislative Assembly. If there is a dissolution of the Legislative Assembly and a subsequent election, the Speaker resigns, and the election of a new Speaker occurs once the new Legislative Assembly is constituted.
- Within the framework of the Indian Constitution, the Lok Sabha and Legislative Assemblies have the responsibility to elect their respective Speakers and Deputy Speakers.
- In addition to their conventional duties related to the management of legislative affairs, Speakers have two crucial functions.
- They are tasked with certifying Bills as Money Bills, over which the Rajya Sabha and Legislative Council have limited influence. Moreover, Speakers are entrusted with the authority to adjudicate on disqualifications in accordance with the Tenth Schedule for defection.
- The rules of the Lok Sabha and Legislative Assemblies also include provisions for suspending members due to misconduct within the House.
- It has been observed that these provisions are sometimes employed by Speakers and legislative bodies more frequently against members of the Opposition.
- For instance, in a recent incident, Adhir Ranjan Chowdhury, the leader of the Congress party in the Lok Sabha, faced swift suspension for remarks made against the Prime Minister, although this suspension was later revoked.
- Conversely, no immediate action was taken against a member of the ruling Bharatiya Janata Party (BJP), Ramesh Bidhuri, who made communal slurs against Bahujan Samaj Party Member of Parliament, Danish Ali.
- There was also an instance where the Maharashtra Assembly unconstitutionally suspended 12 BJP MLAs for a year in July 2021, a decision that was subsequently overturned by the Supreme Court of India.
- In addition to these matters, the Speaker holds the authority to refer Bills introduced in Parliament to the Parliamentary Standing Committees.
- However, it is worth noting that even significant Bills necessitating thorough examination are not consistently referred to these committees.
- In contrast to the period from 2004 to 2014, during which over 60% of Bills were referred to committees in the Lok Sabha, less than 25% have been referred during the years from 2014 to 2023.
- This partisan approach by Speakers impacts the effective functioning of the parliamentary system. Furthermore, the role of Speakers in determining disqualification petitions has the potential to disrupt the stability of elected governments.
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Practice Mains Questions
1. Discuss the role and powers of the Speaker of the Lok Sabha in the Indian parliamentary system. How does the Speaker ensure impartiality and neutrality while presiding over the House?
2.Explain the provisions of the Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law. Analyze the objectives behind its enactment and its impact on the Indian political landscape
3.Critically evaluate the role of the Speaker in disqualification proceedings under the Tenth Schedule. How can the potential misuse of this power be prevented to ensure the rule of law?
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