Mentor’s Comment:

The question is important in the concern of speaker’s powers and authorities in the house. The introduction should discuss about India’s adoption of Westministerial form of government where speaker has considerable power and independence authority. Explain the reasons and importance for such power and independence authority. If possible bring example to support your points.

Further, for bringing clarity we can mention the speaker’s powers in general while being in the office (house). Like, certifying money bill, maintaining discipline in house, presiding over joint sitting, bringing adjournment motion, appointment of primary committees, himself/herself as the ex-officio chairman of certain committees, deciding on anti-defection law and disqualifying a member from house.

Next, mention importance for the legitimacy of the government and recent issues. Like, Government must be in majority, primacy of no confidence motion, The speaker has “discretionary powers” to decide on the admission of adjournment motions but when it comes to no-confidence motions, rules get precedence on its admissibility. Hence the role of speaker is very important to prove the legitimacy of the government in Parliament.

Next, mention the importance of Speaker for a democracy like India and conclude your argument with balanced note.

Model Answer:

India has adopted Westminster model (Parliamentary form) of government in both centre and states, where the Speaker of the legislature has considerable power and independence. It is required to maintain independence and fairness in legislative activities without any political motives. But in recent times role of Speaker came under severe scrutiny and made debatable issue of his/her discretionary powers, especially in judging the legitimacy of the government and its confidence in the lower house.

Speaker has the following powers:

• The speaker has dual roles of presiding over the Lok Sabha and maintaining discipline in the house for its smooth functioning.
• The speaker certifies whether a bill is a Money Bill or not. His/her decision shall be final and immune from judicial review.
• Presides over joint sitting of 2 houses of the parliament.
• His permission is compulsory on question of bringing adjournment motion
• Appointment of primary committees & himself as ex – officio chairman of certain committees of the parliament.
• Speakers conduct in regulating the procedure of maintaining order in house is not subjected to jurisdiction of court.
• Under anti defection act, authority of speaker if final, though open to judicial review
• Speaker has the power to force a member to withdraw from the house in case of disorderly conduct

Importance of Speaker for the legitimacy of the government and recent issues:

• A government must always have majority support in the Lok Sabha in order to remain in power. This means that the government must demonstrate its strength on the floor of the House and prove its legitimacy.
• Parliamentary processes recognise the primacy of the no-confidence motion.
• After all, most other parliamentary work is either designed to have the government answer on its policies and actions, or to debate government bills or sanction its budgetary proposals.
• These activities cannot be undertaken when the very legitimacy of the government is being questioned.
• Thus, if there are any notices for the no-confidence motion, the Speaker has to verify whether there are at least 50 MPs who support its introduction, and then fix a time for discussing it.
• The speaker has “discretionary powers” to decide on the admission of adjournment motions but when it came to no-confidence motions, rules get precedence on its admissibility.
• Hence the role of speaker is very important to prove the legitimacy of the government in Parliament.
• A No-confidence motion was recently moved by required number of MPs of different parties that was supported by major Opposition parties.
• But the Speaker delayed the no-confidence motion on grounds of disruption in the House.
• A no-confidence motion must be taken up immediately, and all other House business must make way for it. This is fundamental to parliamentary functioning and to executive accountability.
• Not taking it up for passage has led to concerns in the Opposition benches as, delaying the no-confidence motion will benefit the government.
• The Speaker’s argument is debatable as the onus of maintaining order in the House is squarely on the Speaker.
• This kind of incident has happened several times. For ex, in 2013 and 1997, several members had given notice for a no-confidence motion. On these occasions, the Speaker adjourned the House, and the motion was never introduced.
• Hence, speaker is the most important authority while judging the legitimacy of the government and hence he/she should rise above the party politics.

The Speaker represents the entire House and not just the treasury benches. It is extremely essential for democracy that the Speaker remain non-partisan. The inability of Parliament to function and to test the support for the government undermines the very basis of our democratic structure. The Speaker has the responsibility of ensuring that the House functions and taking whatever steps are necessary to ensure order and check whether there is requisite support to admit the debate on the no-confidence motion.