Examine whether the constitutional office of the Lok Sabha Speaker has become vulnerable to partisan politics under the current anti-defection regime. What institutional changes are required to ensure the neutrality of the Lok Sabha Speaker in managing a polarised House?
The Lok Sabha Speaker, envisaged as an impartial arbiter under Article 93, has increasingly been drawn into partisan controversies, particularly under the Tenth Schedule (anti-defection law).
Vulnerabilities:
- Sole adjudicator under Tenth Schedule — Speaker decides disqualification, yet retains party membership.
- Delay tactics: In Keisham Meghachandra Singh v. Speaker (2020), the Supreme Court flagged indefinite pendency of defection petitions.
- Selective certification of Money Bills — as seen in the Aadhaar and Finance Act, 2017 cases (Rojer Mathew, Roger Mathew).
- Discretion in admitting no-confidence motions, adjournments, and disqualification.
Institutional reforms required:
- Independent Tribunal — Vest disqualification powers in an external body headed by a retired SC judge (as suggested by SC in Keisham Meghachandra).
- Time-bound decisions — Statutory 3-month limit for defection cases.
- Speaker to resign from party on the UK convention model.
- Judicial review of Money Bill certification clarified in a larger bench.
- Code of Conduct and secure tenure to insulate the office.
Restoring the Speaker's neutrality is essential for parliamentary democracy's legitimacy.
Answered By:
Harsh Raj
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