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GS Paper II

News Excerpt:

As the 18th Lok Sabha prepares to meet, the TDP and JD(U), key allies of the BJP in the National Democratic Alliance (NDA), are said to be jockeying for the post of Speaker.

Election process of the Lok Sabha Speaker:

• After a pro tem or temporary Speaker administers the oath to new members, the Speaker is chosen to be the Presiding Officer of the House.

• The Speaker is elected by a simple majority in the House. 

Term and removal of a Speaker: 

• Article 94 (c) of the Indian Constitution says:
  • A member holding office as Speaker or Deputy Speaker of the House of the People may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House.
    • Provided that no resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
    • Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

The significance of the Speaker's power:

Conducting the House

• The Speaker's primary responsibility is to maintain order and decorum in the House. This involves deciding how the House is conducted, in consultation with the Leader of the House. 

• The Speaker's vantage view allows them to oversee proceedings and ensure adherence to the Rules of Procedure and Conduct of Business in the Lok Sabha.
  

Questions and Records

• Members require prior permission from the Speaker to ask questions or discuss matters, underscoring the Speaker's control over the legislative agenda

• The Speaker's discretion extends to determining the admissibility of questions raised by members. 

• The Speaker oversees the publication of House proceedings and possesses the authority to expunge unparliamentary remarks.

• This power can be contentious, especially when critical remarks against the ruling party are expunged, potentially limiting the opposition's ability to hold the government accountable.

Voice Votes and Division

• Voting procedures in the Lok Sabha also fall under the Speaker's purview. 

• During voice votes, where members orally express their support or opposition to a motion, the Speaker's judgment is final. 

• In situations where the treasury benches are thin, the Speaker can disregard requests for division, pushing a bill through by voice vote. This practice, while efficient, can be controversial as it bypasses a recorded vote, denying members the opportunity to formally document their positions.

No-Confidence Motion

• The Speaker's impartiality is critically tested during a motion of no-confidence against the government.

• This motion allows the opposition to challenge the government's majority in the House. 

• The Speaker's role in admitting and scheduling the motion is vital, as delays or refusals can stifle parliamentary scrutiny.

• In 2018 instance, when then-Speaker Sumitra Mahajan delayed admitting a no-confidence motion it exemplified the significant impact of the Speaker's decisions on parliamentary democracy.

Casting Vote

• According to Article 100 of the Constitution, the Speaker does not vote in the first instance but exercises a casting vote when required. 

• The Speaker's casting vote can be decisive in case of a tie.  

• Traditionally, the Speaker votes in favor of the government, maintaining stability. 

• However, this convention underscores the importance of the Speaker's neutrality, as their vote can alter the outcome of crucial legislative decisions.

Disqualification of Members

• The Speaker's power under the Tenth Schedule, or the anti-defection law, is particularly significant for the opposition.

• The law, introduced through the Fifty-Second Amendment Act of 1985, empowers the Speaker to disqualify members who defect from their parties.

• The Supreme Court's 1992 ruling in Kihoto Hollohan versus Zachillhu affirmed the Speaker's authority that only the final order is subject to judicial review. 

• Timely decisions on disqualification are critical, as delays can undermine the anti-defection law and impact government stability.

• In 2020, the Supreme Court ruled that Speakers of both Assemblies and the Lok Sabha must make decisions on disqualification pleas within three months, except in extraordinary circumstances.