WHY THE OFFICE OF THE SPEAKER MATTERS

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THE CONTEXT: The recent election of Om Birla as the Speaker of the 18th Lok Sabha has sparked considerable interest, highlighting the intricate balance of tradition, constitutional mandates, and political dynamics. While the Constitution mandates a majority vote for decisions, voice voting remains prevalent. This article delves into the historical significance, constitutional provisions, and the evolving role of the Speaker in India’s parliamentary democracy.

THE ISSUES:

• Voice Vote vs. Constitutional Requirements: The election of Om Birla as Speaker by voice vote highlights a discrepancy between accepted legislative practices and constitutional requirements. Article 100 of the Indian Constitution mandates that all questions in either House be determined by a majority of votes of the members present and voting, implying an actual vote. However, the voice vote, though a common practice, is not explicitly recognized by the Constitution. This raises questions about the legitimacy and transparency of such decisions if not challenged by the Opposition.
• Consensus vs. Partisanship in Speaker Selection: Historically, Speakers have been chosen by consensus to ensure they represent the entire House, not just the ruling party. This tradition has eroded over time, making the selection process increasingly partisan. The ruling parties prefer their members as Speakers to gain advantages during parliamentary proceedings, such as certifying money bills and referring bills to committees.
• Impartiality and Objectivity of the Speaker: The impartiality of the Speaker is crucial for the fair functioning of the House. The Speaker’s role includes maintaining order, deciding on procedural issues, and ensuring all members can participate equally. However, there are concerns that the Speaker’s decisions may be biased towards the ruling party, especially given their significant powers, such as certifying money bills and disqualifying members under the anti-defection law.
• Historical Context and Evolution of the Speaker’s Role: The speaker’s role has evolved from its origins in 13th-century England, where the Speaker acted as a spokesperson for the House of Commons against the monarchy. This historical context underscores the importance of the Speaker’s independence and the risks associated with partisanship. The tradition of the Speaker’s impartiality is vital for maintaining the dignity and authority of the House.
• Challenges in the 18th Lok Sabha: The 18th Lok Sabha presents significant challenges for the Speaker, with a strong Opposition comprising 234 MPs. Managing the House impartially and ensuring smooth proceedings will require wisdom and tact. The Speaker’s ability to be fair to all members, regardless of party affiliation, will be crucial in maintaining the House’s functionality and upholding democratic principles.
• Reforms for Ensuring Speaker’s Impartiality: Several reforms have been suggested to address concerns about the Speaker’s impartiality. These include adopting practices from other parliamentary democracies, such as the UK, where the Speaker resigns from their party upon election. Ensuring the Speaker’s independence from party pressures is essential for maintaining the integrity of parliamentary proceedings and the democratic process.

THE WAY FORWARD:

• Ensuring the Speaker’s Impartiality: Emulate the British practice of the Speaker resigning from their political party upon election and remaining politically neutral. This would enhance the Speaker’s impartiality and credibility. Amend the Rules of Procedure and Conduct of Business in Lok Sabha to mandate impartiality and explicitly provide mechanisms to address perceived biases. To ensure broader acceptance and respect, institutionalize the process of informal consultations with opposition parties before nominating a speaker candidate.
• Addressing Partisan Influence: To prevent undue political pressure, ensure the Speaker’s tenure is secure and limit the conditions under which they can be removed. Clearly define the criteria for what constitutes a money bill in the Constitution to restrict the Speaker’s discretionary power in this regard. The Supreme Court has underscored the importance of the Speaker’s neutrality in various judgments, advocating for reforms to ensure their decisions are fair and unbiased.
• Enhancing the Role and Powers of the Speaker: Strengthen parliamentary committees by mandatorily referring bills to them, reducing the Speaker’s discretionary power in this area. To enhance their effectiveness, provide comprehensive training for the Speaker and Deputy Speaker on constitutional law, parliamentary procedures, and impartiality.
• Regular Reviews and Audits: Conduct regular reviews and audits of the Speaker’s decisions and actions by an independent body to ensure adherence to constitutional principles and parliamentary norms.
• Greater Security of Tenure: The Supreme Court has highlighted the need for the Speaker to act impartially and suggested measures to ensure this. Amend the constitutional provisions to require a higher threshold (e.g., a two-thirds majority) for the Speaker’s removal. This would insulate the Speaker from political pressures and ensure greater security of tenure.

THE CONCLUSION:

As Om Birla assumes the role of Speaker, the challenges of maintaining impartiality and fairness in a politically charged environment loom large. The legacy of the Speaker’s office, rooted in centuries-old traditions of protecting parliamentary integrity, underscores the importance of non-partisanship. Upholding these values will be crucial for the smooth functioning of the 18th Lok Sabha and the preservation of democratic principles.

UPSC PAST YEAR QUESTION: ‘

Q. Once a speaker, always a speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? 2020

MAINS PRACTICE QUESTION:

Q. Analyze the role and responsibilities of the Speaker of the Lok Sabha in ensuring the effective functioning of the House. Discuss the challenges faced by the Speaker in maintaining impartiality and suggest measures to strengthen the Speaker’s impartiality and autonomy.

SOURCE:

https://indianexpress.com/article/opinion/columns/importance-om-birla-speaker-parliament-9417894/