UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Role of the Speaker in Parliamentary Functioning

Discuss the role of the Speaker in ensuring effective Parliamentary functioning. What reforms would you suggest to strengthen this institution?

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How to approach

Introduce the Speaker's constitutional status under Article 93 as the impartial guardian of Lok Sabha proceedings. Analyse the core functions of the office alongside emerging challenges such as committee referrals, Money Bill certification, and anti-defection rulings. Conclude by suggesting institutional and procedural reforms recommended by expert committees and judicial precedents.

Model answer

378 words

Introduction

Under Article 93 of the Constitution, the Speaker serves as the presiding officer and constitutional head of the Lok Sabha. Rather than acting as an agent of executive oversight directly, the Speaker acts as the principal custodian of parliamentary privileges, House decorum, and deliberative neutrality to facilitate democratic accountability.

Role in Parliamentary Functioning and Associated Concerns

The Speaker occupies a pivotal position in steering House business, though several operational challenges have emerged in recent years:

  • Facilitating Legislative Scrutiny: The Speaker possesses discretionary power to refer bills to Departmentally Related Standing Committees (DRSCs). However, bill referrals dropped from 71% in the 15th Lok Sabha to under 20% in the 17th Lok Sabha, curtailing rigorous legislative vetting.
  • Certification of Money Bills (Article 110): The Speaker holds final authority in certifying Money Bills. The controversial certification of significant legislative measures—such as the Aadhaar Act—has raised concerns over the circumvention of the Rajya Sabha.
  • Adjudication under the Tenth Schedule: Acting as a quasi-judicial tribunal, the Speaker decides on matters of member disqualification. Delays and perceived partisanship in adjudicating petitions have frequently influenced the survival or fall of governments.
  • Maintaining House Decorum and Managing Debate: The presiding officer must balance free debate with institutional discipline. Increased deployment of the 'guillotine' during budgetary discussions alongside mass suspensions of MPs has raised concerns regarding the shrinking space for substantive deliberation.

Suggested Reforms to Strengthen the Institution

  • Depoliticization of the Office: Adopt the British parliamentary convention of 'once a Speaker, always a Speaker', where the presiding officer resigns from party affiliation upon election to guarantee absolute neutrality, as recommended by the Page Committee and the NCRWC.
  • Independent Tribunal for Defections: Shift disqualification jurisdiction under the Tenth Schedule from the Speaker to an independent permanent tribunal or the Election Commission of India, aligning with recommendations of the Second Administrative Reforms Commission (2nd ARC) and observations in the Keisham Meghachandra (2020) case.
  • Institutionalizing Referrals and Timelines: Mandate standardized parliamentary rules ensuring mandatory DRSC review for major legislative proposals, alongside a time-bound ceiling (such as three months) for disposing of anti-defection petitions.

Conclusion

The Speaker's office is the anchor of India's representative democracy. Embedding strict norms of political detachment and enacting statutory timeframes for administrative decisions will preserve the House's integrity as an arena for constructive debate and constitutional oversight.

Key facts to remember

statistic

Legislative referral of bills to Departmentally Related Standing Committees decreased from 71% in the 15th Lok Sabha to less than 20% in the 17th Lok Sabha.

PRS Legislative Research
case study
Keisham Meghachandra Singh vs The Hon'ble Speaker (2020)

The Supreme Court recommended amending the Constitution to substitute the Speaker with an independent tribunal headed by a retired judge to adjudicate Tenth Schedule disqualification petitions impartially.

scheme
Tenth Schedule (Anti-Defection Law)

Inserted by the 52nd Constitutional Amendment Act, 1985, vesting disqualification powers on grounds of defection in the presiding officer of the respective legislative chamber.

Frequently asked questions

Why is the British convention 'Once a Speaker, always a Speaker' suggested for India?

Under the British model, the Speaker resigns from political party membership upon election and is typically re-elected unopposed, ensuring structural independence from executive patronage and partisan loyalty.