Speaker of Lok sabha
- The institution of the Speaker originated in 1921 under the government of India act of 1919 (Montague Chelmsford reform).
- Article 93 of the Indian Constitution provides for the election of the Speaker, which heads the lower House of Parliament.
History
- The Government of India Act of 1919 gave rise to the Speaker and Vice Speaker positions in India in 1921. (Montague – Chelmsford Reforms).
- Up to 1947, the President and Vice President were known as the Speaker and Deputy Speaker, respectively.
- The Governor-General of India presided over the Central Legislative Council until 1921.
- The Governor-General of India appointed Frederick Whyte and Sachidanand Sinha to serve as the Central Legislative Assembly's first Speaker and Deputy Speaker, respectively, in 1921.
- Vithalbhai J. Patel was the first Indian and elected Speaker of the Central Legislative Assembly (in 1925).
- The Central Legislative Assembly's President and Deputy President were renamed Speaker and Deputy Speaker by the Government of India Act of 1935. However, the 1935 Act's federal component was never enacted. Therefore the old terminology persisted until 1947.
- G. V. Mavalankar was the first Speaker of the Lok Sabha.
- Ananthasayanam Ayyangar is the Lok Sabha's first deputy speaker.
Election to the office of the Speaker-
- According to the Indian Constitution, the Speaker must be a House member.
- There are no precise requirements set down for being elected as the Speaker.
- Typically, a member of the governing party is chosen as Speaker. After informal discussions with the leaders of other parties and groupings in the House, the ruling party nominates its candidate in a procedure that has developed over the years.
Qualification
- There are no requirements set forth for electing the Speaker.
- The only requirement under the Constitution for the Speaker is that they be a House member.
- Nevertheless, knowledge of the country's laws, the Constitution, and the norms of Parliament is regarded as a vital asset for the person holding the Office of the Speaker.
Term of office of Speaker
- The Speaker is in office from the time of his or her election until just before the first sitting of the next Lok Sabha meeting (for five years).
- Once elected, the Speaker is up for reelection.
- The Speaker remains in office until the newly-elected Lok Sabha convenes whenever the Lok Sabha is dissolved.
Provisions for the independence of the Speaker-
- The security of tenure and the stringent process and criteria for removal.
- The Consolidated Fund of India is used to pay the Speaker's salaries and benefits, which are set by Parliament (not subject to an annual vote of Parliament).
- In the Lok Sabha, only substantive motions may discuss or criticize the Speaker's performance or behaviour.
Role/significance of Speaker of the Lok Sabha
- Maintain discipline in the Lok Sabha: The Speaker keeps order in the House. The Speaker may warn a member or order him to leave the House if he attempts to disrupt or does so already. He has the authority to expel any member he considers to have violated the rules of conduct and decorum from the House. This makes sure that Lok Sabha runs smoothly.
- Ensure smooth proceedings of the House: The Lok Sabha's meetings are presided over by the Speaker, who also runs the proceedings. The joint sessions of the two Houses of Parliament are also presided over by him. As a result, it makes it possible for Parliament to continue the discussions and adopt significant laws successfully.
- Conduct the business of the House: The Speaker runs the House's proceedings. He allows the members to introduce bills and make motions. He acknowledges the House members present and allows them time to address the chamber. He establishes a time limit for House debates, submits issues for voting, and announces the outcomes. He has the authority to warn the members about using improper language and to require that it be removed from the records.
- Power to adjourn the House: If the House needs a quorum or its members are acting disorderly, making it impossible to perform business, the Speaker may adjourn the meeting. By being elected, members of the Parliament are guaranteed to be present and to carry out their responsibilities.
- Interpretation of Rules of Procedure: House business is performed in accordance with clear, well-established rules of procedure. The Speaker interprets and applies the House rules in the event of any disagreements. The Speaker's interpretation of the rules is definitive and unchallengeable.
- Fix the Agenda of the House: The Speaker sets the agenda for House meetings after consulting with the Prime Minister and other members of the business committee of the House. This guarantees timely discussions and debates on crucial national topics.
- Permission to ask questions: Any member of the House may ask a minister a question, although doing so requires the Speaker's approval. This assists the Speaker in avoiding inquiries that are politically motivated or superfluous while ensuring that the important questions are discussed.
Criticism of the office of Speaker-
- Anti-defection law: The Speaker's position has been under fire recently on a number of occasions for disqualifying MLAs under the anti-defection law, and their decision has been contested in court. Prior to the departure of the governments in Uttarakhand and Arunachal Pradesh in two recent incidents, the Speakers of both assemblies had aided the ruling parties by employing their authority to oust MLAs in accordance with the 10th Schedule.
- Impartiality: The post of the Speaker should be fair and impartial in a parliamentary democracy. However, they are typically elected to the House on the platform of a political party. The Speaker is strictly a non-party man in Britain. It is customary for the Speaker to resign from his party and maintain his political neutrality. In India, where the Speaker does not retire from his party membership upon being elected to the Speaker's office, this healthy convention still needs to be fully established. As a result, the Speaker's political liability for supporting his party increases.
- Increased disruptions: Frequent interruptions reduce the time needed for crucial conversations and forces speakers to leave less time for debate. This frequently calls into doubt the Speaker's objectivity because he is said to give the ruling party more time. Also, contrary to the government, it is said that the Speaker meted out strong punishment to the disruptive opposition member.
- Discretionary power: The Rules give the Speakers unrestricted authority in a number of situations, such as when a bill is declared a money bill (Lok Sabha Speaker). This discretionary power came under fire when the Aadhar bill was presented in Lok Sabha as a Money Bill.
Way forward-
- The supreme court has recommended the Constitution of a 'permanent tribunal': it said that the Parliament should seriously consider a constitutional amendment to substitute the Speaker of the Lok Sabha and the legislative assemblies with a permanent tribunal headed by a retired supreme court judge or a retired chief justice of the high court. This will ensure that such disputes are decided both swiftly and impartially.
- Recommendations of V.S. Page committee: If the Speaker conducted himself/ herself impartially and efficiently, they should be allowed to continue in the next Parliament.
- Dinesh Goswami committee on electoral reform: the issue of disqualification should be decided by the president/governor on the advice of the election commission.
- Replicating the U.K. model: once elected, the Speaker gives up all partisan affiliations, as in the British Parliament, but remains in office until retirement, even though the majority may change.
Precedence: Dr N. Sanjeeva reddy, the Speaker of the fourth lok sabha elections, formally resigned from his political party.
