The power of the Lok Sabha Speaker

In the Indian legislative system, the Speaker of the Lok Sabha is a key figure who has considerable control over how the House conducts business. In this role, duties include allowing members to speak or ask questions, as well as having the authority to remove comments that are judged inappropriate or disrespectful of the governing party. The Telugu Desam Party (TDP) and the Janata Dal (United) (JD(U)) are vying for the Speaker position as the first session of the 18th Lok Sabha draws near, highlighting the importance of this position in preserving parliamentary integrity and defending political coalitions.

The Speaker's Function under the Constitution

The Speaker leads the Lok Sabha ceremonially and in accordance with the constitution. The Indian Constitution's Article 93 requires the Speaker and Deputy Speaker to be elected "as soon as may be" following the opening of the House; however, it makes no mention of the date or method of these elections. If the Speaker does not resign or is removed sooner, they are chosen by a simple majority vote and hold office until the House is dissolved.

Removal Method

A no-confidence motion or disqualification procedures may be used to remove the Speaker from office. A 14-day notice is required for such a resolution under Article 94 of the Constitution. The Speaker cannot preside over House sessions after removed, but they can still be attended.

Speaker's Power over House Business and Parliamentary Processes

One of the Speaker's powers is to decide how the House will conduct business. To ask questions or address issues, members must obtain prior authorization from the Speaker. Remarks that are judged unparliamentary or critical of the administration may be removed. This authority was demonstrated last year when former Speaker of the Lok Sabha Om Birla ordered that Congressman Rahul Gandhi's comments against the connections between Prime Minister Narendra Modi and businessman Gautam Adani be expunged.

Verification of Currency Bills

Limiting the Rajya Sabha's authority, the Speaker also decides whether a bill should be certified as a money bill. It has been said that the BJP government is trying to skirt the Rajya Sabha, where it does not have a majority, by proposing important laws as Money Bills. Aadhaar Bill, the Foreign Contributions Regulations Act of 2010, and the Prevention of Money Laundering Act of 2002 revisions are a few examples.

Managing Motions for No Confidence

When there are motions of no-confidence against the government, the Speaker's position is vital. The power of the Speaker in such circumstances was shown in 2018 when Speaker Sumitra Mahajan postponed admitting a no-confidence vote against the BJP administration.

Handling No Confidence Motions

The Speaker's role is crucial when there are motions of no confidence against the administration. In 2018, Speaker Sumitra Mahajan demonstrated her authority in such a situation by delaying the admission of a vote of no-confidence against the BJP government.

Consequences for Politics and Reactions
Bias and Partisan Behavior

The Speaker of the House is supposed to act as an unbiased adjudicator and represent the views of the whole body. Critics counter that the Speaker frequently represents the prevailing party in a biased manner. This purported prejudice was made clear during the political crisis in Maharashtra, when the Maha Vikas Aghadi administration fell when Chief Minister Eknath S. Shinde and other Shiv Sena MLAs rebelled against then-Chief Minister Uddhav Thackeray.

The Pursuit of the Speaker's Post by TDP and JD(U)

In order to safeguard their interests inside the National Democratic Alliance (NDA), the TDP and JD(U) are fighting for the Speaker position as the first session of the 18th Lok Sabha draws near. Since the Speaker's quasi-judicial authority has significant jurisdiction in deciding disqualification petitions under the anti-defection law, this move is intended to shield alliance partners from future divisions.

The Speaker's Function and the Anti-Defection Law
Overview and Objective

The goal of the 1985 anti-defection law is to reduce the number of members who move parties under duress. On the other hand, a party's elected members are spared disqualification if they consent to combine with another party.

Speaker's Capabilities As per the Tenth Schedule

In the seminal case of Kihoto Hollohan v. Zachillhu (1992), the Supreme Court maintained the Speaker's authority to rule on disqualification petitions. The Speaker's final order is the only time judicial review is allowed. Speakers' partisanship has, however, resulted in government collapses since it can undermine the Tenth Schedule's intent and increase the susceptibility of weaker governments to instability by delaying the decision on disqualification petitions.

Lately, Court Interventions

The disqualification process's delays have drawn criticism from the Supreme Court. In Shrimanth Balasaheb Patil v. Hon'ble Speaker Karnataka (2019), the Court underlined the Speaker's constitutional duty to act impartially. Rahul Narwekar, the speaker of the Maharashtra Assembly, came under fire from the Court last year for dragging out disqualification cases and calling the proceedings a "charade."

The Supreme Court ordered Speakers to rule on disqualification pleas within three months, barring unusual circumstances, in Keisham Meghachandra Singh v. The Hon'ble Speaker Manipur (2020). It further suggested that the Speaker's disqualifying powers be revoked and that the power be transferred to an impartial panel led by previous judges.

The Evolution of the Speaker and the Historical Context
The TDP Is Challenging the Speaker's Chair

It is not new that the TDP is interested in becoming Speaker. The TDP leader Chandrababu Naidu personally selected Ganti Mohana Chandra Balayogi in 1998 to be the first and youngest Dalit Speaker of the Lok Sabha. The Speaker's position in Indian politics is strategically significant, as this historical background emphasizes.

The Supreme Court's Position on the Speaker's Neutrality

The Speaker must uphold independence and impartiality, as the Supreme Court has noted in a number of decisions. The Court's proposed modifications seek to guarantee that political affiliations do not impact the Speaker's constitutional responsibilities and to enhance the Speaker's position.

In summary

In the Indian legislative system, the Speaker of the Lok Sabha plays a vital role in striking a balance between political pressures and constitutional obligations. The campaign for the Speakership underscores the role that it plays in preserving political integrity and stability as the 18th Lok Sabha's maiden session draws near. The necessity of impartiality and adherence to constitutional obligations is highlighted by the Speaker's involvement in parliamentary processes, certification of Money Bills, handling of no-confidence motions, and enforcement of the anti-defection law. In order to preserve the values of democracy and parliamentary government, it is crucial to shield the Speaker's office from political interference, as demonstrated by judicial interventions and historical precedents.