Role of Assembly Speaker

18 Mar Role of Assembly Speaker

This article covers “Daily Current Affairs” and the Topic Role of Assembly Speaker. 

SYLLABUS MAPPING:

GS-2-Polity and Governance-Role of Assembly Speaker

FOR PRELIMS

What are the powers and responsibilities of the Speaker of the State Legislative Assembly?

FOR MAINS

What are the major issues with the office of the Speaker in India?

Why in the news?

Tamil Nadu Assembly Speaker M Appavu was at the centre of a political storm after the AIADMK moved a no-confidence motion against him, accusing him of bias and favouring the ruling DMK. However, the motion was defeated in a voice vote, with 154 MLAs from DMK and its allies rejecting it. AIADMK’s 63 MLAs supported the motion, while the BJP and PMK abstained. Leader of Opposition Edappadi K Palaniswami (EPS) alleged that the Speaker was obstructing opposition voices and suppressing protests. Chief Minister M K Stalin dismissed the claims, saying people would “laugh” at the accusations. Adding to the political intrigue, expelled AIADMK leaders O Panneerselvam (OPS) and his associates backed the motion, highlighting ongoing factional tensions within the party. The controversy has intensified debates on legislative fairness in Tamil Nadu.

Office of State Legislative Assembly Speaker

Constitutional Provisions
Article 178: Provides for the appointment of the Speaker and Deputy Speaker of the Legislative Assembly.
Article 179: Deals with vacation, resignation, and removal of the Speaker and Deputy Speaker.
Article 180: Lays down provisions for the Deputy Speaker or any other member to act as the Speaker when required.
Article 181: States that the Speaker or Deputy Speaker shall not preside while a resolution for their removal is under consideration.
Article 186: Deals with the salaries and allowances of the Speaker and Deputy Speaker.
Appointment of the Speaker
The Speaker is elected by the members of the Legislative Assembly by a simple majority.
Usually, a member from the ruling party is chosen for the position.
The election takes place after the first meeting of the newly elected Assembly.
Removal of the Speaker
The Speaker can be removed by the Assembly through a resolution passed by an effective majority (more than 50% of the total effective strength of the House).TheThe
14-day notice must be given before moving the resolution, as per Article 179(c) of the Constitution.
The Speaker cannot preside over the House while their removal motion is under discussion (Article 181).
The Speaker can also resign voluntarily by submitting their resignation to the Deputy Speaker.

Powers and responsibilities of Assembly Speaker 

Powers

1. Presiding & Administrative: Conducts sessions, regulates debates, and adjourns/suspends proceedings.
2. Legislative & Procedural: Decides agenda, allows motions, refers bills to committees.
3. Disciplinary: Enforces rules, suspends/disqualifies members, and ensures quorum.
4. Anti-Defection (Tenth Schedule): Decides MLA disqualification for defection.
5. Financial: Certifies Money Bills and manages budget discussions.
6. Casting Vote: Breaks ties in case of deadlock.

Responsibilities

1. Maintains Order & Neutrality: Ensures disciplined debates and impartial proceedings.
2. Safeguards Legislative Privileges: Protects the rights of MLAs and the Assembly’s autonomy.
3. Manages Assembly Committees: Oversees committee functioning and enforces decisions.
4. Represents the Assembly: Acts as the official spokesperson in external and inter-parliamentary affairs.
5. Ensures Legislative Efficiency: Sets the agenda, prioritizes discussions, and facilitates smooth lawmaking.
6. Handles Disciplinary Actions: Takes action against unruly behaviour and ensures adherence to rules.
7. Decides on Anti-Defection Cases: Determines disqualification of MLAs under the Tenth Schedule.

Independence of office of speaker

1. Security of Tenure: Holds office until the first meeting of the new Lok Sabha, ensuring stability and continuity.
2. Difficult Removal Process: Can only be removed by a resolution with a majority of all members, preventing arbitrary dismissal.
3. Financial Independence: Salaries and allowances are charged to the Consolidated Fund of India, shielding from political influence.
4. Protection from Criticism: Work and conduct cannot be discussed in Lok Sabha except through a substantive motion.
5. Impartiality & Judicial Oversight: Must remain neutral; decisions can be reviewed by courts (e.g., Kihoto Hollohan v. Zachilhu, 1992).
6. Casting Vote Authority: Can cast a vote in case of a tie, reinforcing impartial decision-making.
7. Symbol of Authority: Represents the dignity and power of the House, upholding parliamentary democracy.

What is the issue with the office of the speaker?

1. Partisanship & Political Bias: Often affiliated with the ruling party, leading to allegations of favouritism in decision-making.
2. Misuse of Anti-Defection Powers: Delay or selective action on disqualification petitions under the Tenth Schedule to benefit the ruling party.
3. Lack of Fixed Timelines: No strict deadline for ruling on important matters, causing delays in crucial decisions.
4. Bypassing Parliamentary Committees: Increasing trend of passing bills without adequate scrutiny, weakening legislative oversight.
5. Disruptions & Loss of Authority: Frequent protests and disorder reduce the Speaker’s effectiveness in maintaining decorum.
6. Influence of Executive: Despite being a neutral authority, the Speaker often faces pressure from the ruling government.
7. Absence of Resignation Norms: Unlike in the UK, where Speakers resign from their political party upon election, Indian Speakers continue party affiliations, raising doubts about neutrality.

Ways to reform the office of state speaker

1. Ensure Political Neutrality: Like in the UK, mandate that the Speaker resign from their political party upon election to ensure impartiality.
2. Time-Bound Decisions: Set strict deadlines for rulings on anti-defection cases and disqualification petitions to prevent delays and manipulation.
3. Independent Selection Process: Introduce a consensus-based election process involving both ruling and opposition parties to ensure fairness.
4. Limit Executive Influence: Establish clear guidelines to prevent undue pressure from the ruling government, ensuring independent decision-making.
5. Strengthen Committee Oversight: Make it mandatory to refer key bills to legislative committees for proper scrutiny before passing them.
6. Increase Judicial Accountability: Allow judicial review of the Speaker’s decisions, especially in disqualification cases, to prevent bias and misuse of power.
7. Define Powers Clearly: Amend rules to clearly define the Speaker’s discretionary powers, reducing the scope for arbitrary decisions.
8. Training & Code of Conduct: Provide formal training to newly elected Speakers and enforce a code of conduct to uphold neutrality and discipline.

Conclusion

The Speaker of the State Legislative Assembly plays a crucial role in ensuring the smooth functioning of the legislature, upholding democratic principles, and maintaining neutrality. However, issues like political bias, misuse of anti-defection powers, and executive influence undermine the credibility of the office. Implementing reforms such as mandating political neutrality, ensuring time-bound decisions, strengthening committee oversight, and increasing judicial accountability can enhance the independence and effectiveness of the Speaker’s office. These measures will help restore public confidence in legislative processes and reinforce the democratic framework.

Download Plutus IAS Current Affairs (Eng) 18th March 2025

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Ritik singh

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