SC Puts Maharashtra Speaker On A Deadline To Decide Defection Pleas Against Breakaway Shiv Sena, NCP Lawmakers

Relevance: GS2- Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these

(Source: The Hindu, 10/31/2023)

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Why in the news?

• Recently, the Supreme Court directed the Speaker of the Maharashtra Assembly Rahul Narwekar to decide disqualification petitions filed under the Tenth Schedule of the Constitution in the Shiv Sena dispute by December 31, 2023.
• This article discusses the Office of the Speaker of the Lok Sabha and the State Legislative Assemblies and the need for the Speaker to be impartial in proceedings to ensure the desirable functioning of the House.

What has the Supreme Court ruled regarding the disqualification of members in the Maharashtra Assembly?

• A three-judge Bench of the Supreme Court led by Chief Justice D.Y. Chandrachud ordered the Speaker in his capacity as a tribunal under the 10th Schedule to decide the disqualification in the Maharashtra Assembly at the earliest.
• The Court further clarified that the hearings in both cases under the Tenth Schedule should not be affected by “procedural wranglings”.
• The affidavit filed by the Maharashtra Legislative Assembly Secretariat stated that the petitions could only be decided by February 29th, 2024.
• The Court observed that the Speaker had failed to decide the petitions despite the orders of the Constitution Bench in May 2023 following the incident that took place in 2022.
• Deadlines:
  • The Court set a deadline for the 34 petitions against the members of Chief Minister Eknath Shinde’s camp of the Shiv Sena as December 31st, 2023.
  • The deadline for the 9 petitions against the breakaway faction headed by Deputy Chief Minister Ajit Pawar in the NCP was set for January 31, 2024.
  • The Court stated that the deadlines had to be set since the Speaker had failed to decide the petitions despite opportunities.
  • In 2020, the Supreme Court ruled that disqualification petitions should be decided by the Speaker in a reasonable time which may be 3 months except in exceptional circumstances.

Origin and Evolution of the Office of the Speaker

• The office of the Speaker emerged in medieval Britain as a spokesperson for the House of Commons in its dealings with the King.
• Although the Speaker was viewed as an agent of the Crown up to the 17th Century, he has since the 19th Century become an impartial Chairman of the House of Commons.
• The Speaker is now seen as the custodian of the rights and privileges of the House, its committees, and its members.

What are the gaps in the conduct of the Speaker?

• Two of the major functions performed by the Speakers are:
• Certification of a Bill as a Money Bill
• Deciding on disqualification under the Tenth Schedule for defection.
• Suspension of members: The Rules of the Lok Sabha and the respective State Legislative Assemblies allow for the suspension of members for misconduct in the House.
  • However, concerns have been raised about the misuse of these provisions by Speakers and the House, particularly against the members of the Opposition.
  • For example, the suspension of 12 members by the Speaker of Maharashtra in 2021, which was later overturned by the Supreme Court.
• Disqualification of members: The Speaker is the designated authority to decide on the disqualification of members under the Tenth Schedule.
  • Although they are expected to perform their constitutional duty in a neutral and unbiased manner, this has not been the case with Speakers tending to favor the government.
  • When the Speaker does not act in a neutral manner, this has the potential to derail the stability of elected governments.
  • Example: Challenges in the Supreme Court regarding the inaction of the Maharastra Speaker in deciding disqualification petitions for more than a year.

• Referral of bills: The Speaker has the authority to refer Bills to the Parliamentary Standing Committees.
  • However, it has been found that Bills that require detailed scrutiny are not referred to such committees.
  • While the number of bills referred to committees in the Lok Sabha was 60% between 2004-2014, this was less than 25% in the 2014-2023 period.
  • Partisan functioning of the Speakers has adversely affected the robust functioning of Parliament and other legislative bodies in the country.
• Classification as Money Bill: The Speaker is empowered to determine whether a Bill fulfills the requirements of a Money Bill with Article 110(3) stating that the decision of the Speaker of the Lok Sabha is final in questions on whether a Bill is a money bill or not.
  • However, the passage of Bills with several other provisions as Money Bills has been criticized and challenged in the Supreme Court.
• Partisanship: In Britain, as a display of their impartiality, the Speaker resigns from their political party following their election and in subsequent elections, they seek votes as the Speaker seeking re-election rather than as a candidate of a particular party.
  • While the Tenth Schedule allows a Speaker or Deputy Speaker to resign from their political party upon being elected, it has been never done in India.
• Handling disruptions: The Speaker is responsible for maintaining order and decorum in the House.
  • However, the Speakers of the Lok Sabha and various state assemblies have been criticized for the way they handled disruptions in the House.
• Relations with the media: The Speaker is the spokesperson of the house,but has faced criticism for their interactions with the media including the lack of sufficient information provided to the media.

What measures can be taken to ensure the impartial and effective functioning of the Speaker?

• Speaker must give up political affiliations: In order to ensure that the Office of the Speaker remains neutral and unbiased, the Speaker upon being elected should resign from his/her political party for the duration of his term.
  • They should also avoid participating in any political rallies or campaigns to protect the neutrality of their office.
• Tribunal to decide disqualification: The Supreme Court's suggestion of introducing a tribunal chaired by a former judge of the Supreme Court or Chief Justice of a High Court can be implemented.
  • This tribunal will replace the Speaker in deciding disqualification petitions under the tenth schedule thereby ensuring impartial rulings.
• Reduce speaker's discretion: At present, the Speaker has wide discretionary powers.
  • This includes the power to certify a bill as a Money bill and decide the nature of procedures and privileges in the House.
  • Instead, these discretionary powers can be wielded by a committee consisting of the Speaker, Deputy Speaker, and members from both the ruling front and the opposition to guarantee a more impartial approach.
• Code of Conduct and Training: A code of conduct for the Speaker and Deputy Speaker which enforces the principles of impartiality, transparency, and accountability must be developed in consultation with all political parties.
  • It can be enforced by an independent body.
  • Once elected, the Speaker should be provided with training on parliamentary procedures, leadership, conflict resolution, and communication skills.

Conclusion

• The judiciary is constrained in its actions in dealing with issues related to Speakers as they are also constitutional functionaries with certain privileges.
• Therefore, it is important that the best practices of democracies like Britain be adopted by India in order to build confidence in the office of the Speaker.
• Until such laws can be enacted, Speakers should vow to display impartiality while discharging their duties in line with sound democratic practices.

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FAQs

MCQs

Question: Which one of the following statements about a Money Bill is not correct? (UPSC CSE 2000)

(a) A Money Bill can be tabled in either House of Parliament

(b) The Speaker of Lok Sabha is the final authority to decide whether a Bill is a Money Bill or not

(c) The Rajya Sabha must return a Money Bill passed by the Lok Sabha and send it for consideration within 14 days

(d) The President cannot return a Money Bill to the Lok Sabha for reconsideration

Question: Consider the following statements: (UPSC CSE 2004)

1. The Speaker of Lok Sabha has the power to adjourn the House sine die but, on prorogation, it is only the President who can summon the House
2. Unless sooner dissolved or there is an extension of the term, there is an automatic dissolution of the Lok Sabha by efflux of time, at the end of the period of five years, even if no formal order of dissolution is issued by the President.
3. The Speaker of Lok Sabha continues in office even after the dissolution of the House and until immediately before the first meeting of the House.

Which of the statements given above are correct?

1 and 2

2 and 3

1 and 3

1, 2 and 3

Question: Regarding the office of the Lok Sabha Speaker, consider the following statements: (UPSC 2012)

1. He/She holds the office during the pleasure of the President.
2. He/She need not be a member of the House at the time of his/her election but has to become a member of the House within six months from the date of his/her election.
3. If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker.

Which of the statements given above is /are correct?

(a) 1 and 2 only

(b) 3 only

(c) 1, 2 and 3

(d) None

Question: Consider the following statements: (UPSC 2018)

1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.
2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her immediately.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2