UPSC MainsPUBLIC-ADMINISTRATION-PAPER-II202110 Marks150 Words
Q4.

The role and status of the Speaker in parliamentary system have their foundation in the Speaker's stance on neutrality. Comment.

How to Approach

This question requires a nuanced understanding of the Speaker's role in a parliamentary system, emphasizing the importance of neutrality. The answer should define the Speaker's position, explain how neutrality is foundational to their functions, and illustrate this with examples of both upholding and compromising neutrality. Structure the answer by first defining the Speaker's role, then detailing the facets of neutrality, followed by examples, and finally, the consequences of lacking neutrality. Focus on the Indian context, referencing relevant rules and precedents.

Model Answer

0 min read

Introduction

The Speaker of the Lok Sabha (or Vidhan Sabha at the state level) is the presiding officer of the House, embodying the dignity and impartiality of the legislature. Their position, rooted in the British parliamentary tradition, is not merely ceremonial; it’s crucial for maintaining order, facilitating debate, and ensuring the smooth functioning of parliamentary democracy. The very foundation of the Speaker’s authority and effectiveness rests upon their perceived and actual neutrality. A Speaker’s ability to command respect from all sections of the House, and thus effectively discharge their duties, is directly proportional to their demonstrated commitment to impartiality.

The Role of the Speaker

The Speaker’s functions, as outlined in the Rules of Procedure and Conduct of Business in Lok Sabha, are manifold. These include:

  • Presiding Officer: Maintaining order during proceedings, recognizing members to speak, and interpreting the rules.
  • Guardian of Privileges: Protecting the rights and privileges of the House and its members.
  • Neutral Arbiter: Deciding on points of order and ensuring fair conduct of business.
  • Representative of the House: Representing the Lok Sabha in interactions with other bodies, including the President and foreign delegations.

Neutrality: The Cornerstone of the Speakership

Neutrality for the Speaker isn’t simply about avoiding partisan affiliation; it’s a multifaceted concept:

  • Impartiality in Decision-Making: Rulings on points of order must be based solely on the rules of procedure and precedents, not political considerations.
  • Fairness to All Parties: Providing equal opportunities for all members to participate in debates and raise issues.
  • Avoiding Public Statements: Refraining from making public comments on political issues that could be construed as biased.
  • Maintaining Dignity and Decorum: Upholding the standards of parliamentary conduct and ensuring a respectful atmosphere.

Examples of Upholding Neutrality

Several Speakers have historically upheld the principle of neutrality, earning respect across the political spectrum. For instance, Hukam Singh (1962-1967) was known for his firm but fair rulings, even when they went against the ruling party. Similarly, Shivraj Patil (1996-1998) navigated a period of unstable coalitions with impartiality, ensuring the smooth functioning of the House. These Speakers prioritized the institution over party affiliation.

Instances of Compromised Neutrality & Consequences

Conversely, instances where the Speaker’s neutrality has been questioned have led to disruptions and erosion of trust. The disqualification of 19 Congress MLAs in Rajasthan in 2022, while legally contested, raised concerns about the Speaker’s impartiality due to the political context. Similarly, the actions of Speakers during periods of political instability, such as the use of the anti-defection law to influence government formation, have been criticized. Such actions undermine the credibility of the office and can lead to protests and legal challenges.

Constitutional & Legal Framework

While the Constitution (Article 93) only outlines the Speaker’s election and removal, the Rules of Procedure and Conduct of Business in Lok Sabha provide the framework for their functioning. The Speaker’s rulings are generally final and not subject to judicial review (except in cases of constitutional violations), reinforcing their authority. However, this authority is contingent on maintaining neutrality. The Supreme Court in Kihoto Hollohan v. Zachillhu (1992) affirmed the Speaker’s power under the anti-defection law but also emphasized the need for objective decision-making.

Aspect Neutral Speaker Biased Speaker
Rulings Based on rules & precedents Influenced by political considerations
House Functioning Smooth & orderly Disruptions & protests
Public Trust High Eroded

Conclusion

The Speaker’s role in a parliamentary system is undeniably pivotal, and their effectiveness is inextricably linked to their neutrality. While complete objectivity is perhaps unattainable, a demonstrable commitment to impartiality is essential for maintaining the dignity of the House, fostering constructive debate, and upholding the principles of parliamentary democracy. Strengthening the institutional mechanisms that safeguard the Speaker’s independence and promoting a culture of respect for the office are crucial for ensuring the continued health of India’s parliamentary system.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Quorum
The minimum number of members of a legislative body necessary to conduct business. In the Lok Sabha, the quorum is one-tenth of the total membership.
Anti-Defection Law
The Tenth Schedule of the Indian Constitution, commonly known as the Anti-Defection Law, was enacted in 1985 to address the problem of political defections. It disqualifies MPs or MLAs who change parties.

Key Statistics

As of November 2023, the Lok Sabha has 543 elected members. (Source: PRS Legislative Research)

Source: PRS Legislative Research

According to data from the Association for Democratic Reforms (ADR), the average attendance of MPs in the Lok Sabha has been around 79% in recent years. (Knowledge cutoff: 2023)

Source: Association for Democratic Reforms (ADR)

Examples

Somnath Chatterjee's Tenure

Somnath Chatterjee, as Speaker of the Lok Sabha (2004-2009), was widely respected for his impartiality and commitment to parliamentary procedures, even facing criticism from his own party (CPI(M)) for upholding the rules of the House.

Frequently Asked Questions

Can the Speaker’s decision be challenged in court?

Generally, the Speaker’s rulings are final and not subject to judicial review. However, the Supreme Court can intervene if the ruling violates a fundamental right or constitutional provision, as established in the Kihoto Hollohan case.

Topics Covered

PolityGovernanceParliamentSpeakerIndian Polity