Model Answer
0 min readIntroduction
The Presiding Officers – the Speaker in the Legislative Assembly and the Chairman in the Legislative Council – are central to the functioning of State Legislatures in India. They are drawn from the ruling party/coalition, but are expected to uphold the dignity of the House and act impartially. Their role extends beyond merely presiding over sessions; they are custodians of legislative privilege, interpreters of rules of procedure, and facilitators of robust debate. A strong and independent Presiding Officer is crucial for a healthy democracy, ensuring that the legislature effectively represents the will of the people and holds the executive accountable.
Role in Maintaining Order
Maintaining order within the legislature is a primary responsibility of the Presiding Officer. This involves:
- Interpretation and Enforcement of Rules: The Speaker/Chairman interprets the Rules of Procedure and ensures their adherence by members. This includes regulating the conduct of business and preventing disruptions.
- Controlling Disruptive Behavior: They have the power to name members for disorderly conduct, leading to their suspension from the House. They can also use rulings to curb repetitive disruptions.
- Adjournment Powers: The Presiding Officer can adjourn the House suo moto or on a motion, to maintain order or to allow for consultations.
- Recognizing Members: They control who gets to speak, ensuring equitable representation and preventing monopolization of debate.
For example, in 2016, the Speaker of the Karnataka Legislative Assembly suspended several BJP MLAs for disrupting proceedings by displaying portraits of deceased farmers. (Knowledge Cutoff: 2023)
Ensuring Impartiality
While politically affiliated, the Presiding Officer is expected to act impartially. This is achieved through:
- Neutral Conduct of Business: They must allow all viewpoints to be expressed and avoid favoring the ruling party.
- Fairness in Admitting Motions: Motions, including those of the opposition, must be considered fairly and not arbitrarily rejected.
- Decisions on Voting: In case of a tie, the Speaker/Chairman casts the deciding vote, and this must be done without bias.
- Maintaining Legislative Privilege: Protecting the rights and privileges of the legislature and its members, ensuring they can function without external interference.
The impartiality of the Speaker has often been questioned when disqualifying MLAs under the anti-defection law (Tenth Schedule). The Supreme Court has intervened in several such cases, emphasizing the need for objective and reasoned decisions. (e.g., Manohar Lal Sharma v. Principal Secretary to Govt. of India, 2015)
Facilitating Best Democratic Practices
Presiding Officers play a vital role in fostering democratic norms:
- Promoting Debate and Discussion: They encourage healthy debate and ensure that all members have an opportunity to participate.
- Strengthening Committee System: They play a key role in the functioning of legislative committees, which are crucial for detailed scrutiny of legislation and policy.
- Encouraging Question Hour: A robust Question Hour, effectively managed by the Speaker/Chairman, holds the executive accountable.
- Promoting Parliamentary Diplomacy: They often lead delegations to other countries, fostering inter-parliamentary cooperation.
The introduction of e-Vidhan Sabha (paperless legislature) in several states, facilitated by the Speaker, is an example of leveraging technology to enhance transparency and efficiency in legislative work.
Challenges
Despite their crucial role, Presiding Officers face challenges:
- Political Polarization: Increasing political polarization can make it difficult to maintain impartiality.
- Disruptions and Walkouts: Frequent disruptions and walkouts hinder legislative work.
- Lack of Resources: Legislatures often lack adequate resources for research and analysis.
Conclusion
The Presiding Officers of State Legislatures are indispensable for the effective functioning of India’s democratic system. Their ability to maintain order, ensure impartiality, and facilitate robust debate directly impacts the quality of legislation and the accountability of the executive. Strengthening the independence and capacity of these officers, through measures like fixed tenure and enhanced resources, is crucial for safeguarding the integrity of our legislative institutions and promoting a vibrant democracy.
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.