The Speaker: The guardian of Democracy and Parliamentary integrity in India
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Y Devendro Singh
The role of the Speaker in India's Parliamentary democracy has a rich history, tracing its roots back to the Central Legislative Assembly established under the Montague-Chelmsford Reforms of 1921. Initially, the Governor-General presided over the Legislative Council meetings, but the role of the Speaker gradually evolved into an independent and critical office. The legislative framework was set in motion with the first appointment of Sir Frederick Whyte, a member of the House of Commons recognized for his expertise and deep understanding of Parliamentary procedures, who served as Speaker for a four-year term.
In 1925, the Governor-General established the procedure for electing the Speaker, filling a gap in the original process and defining the method of nomi- nation and election, as well as the stages involved. From 1925 until the dissolution of the Assembly upon the enforcement of the Indian Independence Act on 15 August 1947, all elections for the Speaker of the Legislative Assembly followed this prescribed procedure.
Shri Vithalbhai J Patel became the first non-official Speaker elected on 24 August 1925, supported by the Swarajist Party. The election was competitive, with T Rangachariar narrowly losing to Patel by two votes. Patel was re-elected as Speaker on 20 January 1927. He resigned on 28 April 1930 and was succeeded by Sir Muhammad Yakub on 9 July 1930, who served for only one session. On 17 January 1931, Sir Ibrahim Rahimtoola was elected Speaker. He resigned on 7 March 1933 due to health concerns, and Shanmukham Chetty was unanimously elected on 14 March 1933. Sir Abdur Rahim, elected Speaker on 24 January 1935, held the position for ten years. The Assembly's term was extended as Constitutional changes were considered, and to avoid political disruption during World War II.
The Speaker's role during the wartime years underscored the strategic importance of maintaining legislative continuity and stability. With global uncertainty and local demands for autonomy growing, it was crucial for the Speaker to navigate these challenges deftly. This role required balancing the interests of the colonial administration and the aspirations for independence, setting a precedent for the imminent post-war transformation to a sovereign Parliament.
After the War, elections were conducted, resulting in the formation of the Sixth Legislative Assembly on January 21, 1946. GV Mavalankar, who had also served as the Speaker of the Provisional Parliament and the First Lok Sabha, was elected Speaker on January 24, 1946, with the support of the Congress Party securing 66 votes as against 63 won by his opponent, Sir Cowasjee Jehangir. His election received approval from the Governor-General, and he assumed office on the same day. Following the Indian Independence Act of 1947, both the Central Legislative Assembly and the Council of States were dissolved after August 14, 1947.
The Speaker should remain entirely detached from party politics. The stance on political participation by Speakers was articulated by Speaker Mavalankar on 15 May 1952, during his election as Speaker of the Lok Sabha, with the following words:
“...It is obviously not possible, in the present conditions of our political and Parliamentary life, to remain as insular as the English Speaker, so far as political life goes. But, the Indian Speaker acting as such will be absolutely a non-party man meaning thereby that he keeps aloof from party deliberations and controversies. He does not cease to be a politician merely by the fact of his being Speaker. We have yet to evolve political parties and healthy conventions about Speakership, the principle of which is that once a Speaker, he is not opposed by any party in the matter of his election, whether in the constituency or in the House, so long as he wishes to continue as a Speaker. To expect the Speaker to be out of politics altogether without the corresponding convention is perhaps entertaining contradictory expectations.
… Though a Congressman, it would be my duty and effort to deal with all members and sections of the House with justice and equity, and it would be my duty to be impartial and remain above all consi- derations of party or of political career.”
The Speaker serves as the head of the Secretariat, exercising ultimate control and direction over its operations, including the Secretarial staff of the House, its precincts, and security arrangements. They issue directives for matters not specifically addressed in the Rules and for questions concerning the detailed implementation of these Rules. However, the Speaker's powers are confined to those granted by the House or the Rules, and they cannot independently establish new procedures.
An interesting aspect of the Speaker's role involves their function as an arbitrator in the procedural interpretation and application of Parliamentary rules. Especially in a vibrant and diverse democracy like India, the Speaker's role as a neutral authority becomes all the more significant when addressing disputes among representatives across varying political backgrounds and ideologies. This responsibility demands not only a firm grasp of parliamentary law but also the tact to apply such knowledge wisely in situations that test the legislative fabric.
In cases of indefinite duration or more serious offenses, matters may be treated as contempt or breach of privilege. The Speaker is tasked with protecting the rights of members and ensuring that reasonable amenities are provided to them. The significance of the Speaker's prestige and authority has been acknowledged since the country's independence. On 8 March 1948, during the unveiling of Speaker Patel's portrait, Prime Minister Jawaharlal Nehru observed that the Speaker represents the House and embodies its dignity and freedom, symbolizing the nation's freedom and liberty. Here is his extracted remark: "The Speaker represents the House. He embodies the dignity and freedom of the House, and because the House represents the Nation, the Speaker symbolically represents the Nation's liberty. Thus, it is fitting that the Speaker's position is honoured and free, filled by individuals of exceptional ability and impartiality" (C.A.(Leg.) Deb., Vol. III, 08-03-1948, p. 1743).
The role is demanding, requiring the Speaker to act with justice and fairness, free of passion or bias. Acting as the chief spokesperson and its sole representative to the external world, the Speaker articulates and conveys the House's collective voice and decisions to the appropriate authorities. The Speaker must inspire confidence in the robustness and impartiality of their decisions, acting as both the conscience and guardian of the House.
Maintaining order in the House is a fundamental duty of the Speaker. They derive disciplinary powers from the Rules, and their decisions on matters of discipline cannot be challenged except through a substantive motion. The Speaker has considerable discretion in managing the House but must exercise this discretion judiciously, ensuring it does not hinder proceedings. They may expunge any defamatory or indecent words used in debate, direct members guilty of disorderly conduct to withdraw from the House, and suspend members who defy the authority of the Chair. In cases of significant disorder, the Speaker may adjourn or suspend the House's business.
The Speaker is authorized under the rules to correct any errors in a Bill after it has been passed by the House. The Speaker must also authenticate the Bill before it is presented to the President for assent in the case of Parliament, or to the Governor in the case of a State Legislative Assembly.
The Speaker is presented with the formidable challenge of making decisions informed by sagacity and judicious discernment. Additionally, the interpretation of the Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly, as articulated under Article 208 of the Constitution of India, pertains to the Speaker's discretionary authority to exercise residuary power in matters not explicitly provided for in the rules.
It underscores that "all matters not specifically provided for in the rules and all questions relating to the detailed working of the rules shall be regulated in such manner as the Speaker may from time to time direct," and further asserts that "no decision of the Speaker in respect of disallowance of any resolution or question or in respect of any other matter shall be questioned".
The Speaker also plays a pivotal role in the interpretation of Constitutional provisions related to Parliamentary procedures. This includes not only adhering to the existing conventions but also evolving new practices that align with the changing democratic landscape. The Speaker's interpretation of legislative rules often paves the way for modernizing the Parliamentary proceedings, reflecting an adaptive governance structure capable of addressing emerging national and global challenges.
In this context, where questioning or challenging the Speaker's decisions is not permitted, a notable incident occurred in 2005 that serves as a relevant example.
On August 4, 2005, during an interview on a television channel, Dr Subhash C Kashyap, the former Secretary-General of the Lok Sabha, who is also widely respected as a Constitutional expert and an authority on Parliamentary Practice and Procedure, having authored several books on the subject, made comments regarding the Speaker's decision to reject a notice of adjournment motion submitted by Kumari Mamta Banerjee.
In light of these remarks, member Hannan Mollah submitted a notice of a question of privilege against Dr Kashyap on August 8, 2005, alleging that he had imputed improper motives to the Speaker of the Lok Sabha in the performance of his duties and had cast aspersions on the Speaker's impartiality. Subsequently, the Speaker referred the matter to the Committee of Privileges. The Committee presented its report on May 19, 2006. Following the Committee's recommendations, the Leader of the House, Pranab Mukherjee, moved a motion to admonish Dr Kashyap.
(To be contd)
The role of the Speaker in India's Parliamentary democracy has a rich history, tracing its roots back to the Central Legislative Assembly established under the Montague-Chelmsford Reforms of 1921. Initially, the Governor-General presided over the Legislative Council meetings, but the role of the Speaker gradually evolved into an independent and critical office. The legislative framework was set in motion with the first appointment of Sir Frederick Whyte, a member of the House of Commons recognized for his expertise and deep understanding of Parliamentary procedures, who served as Speaker for a four-year term.
In 1925, the Governor-General established the procedure for electing the Speaker, filling a gap in the original process and defining the method of nomi- nation and election, as well as the stages involved. From 1925 until the dissolution of the Assembly upon the enforcement of the Indian Independence Act on 15 August 1947, all elections for the Speaker of the Legislative Assembly followed this prescribed procedure.
Shri Vithalbhai J Patel became the first non-official Speaker elected on 24 August 1925, supported by the Swarajist Party. The election was competitive, with T Rangachariar narrowly losing to Patel by two votes. Patel was re-elected as Speaker on 20 January 1927. He resigned on 28 April 1930 and was succeeded by Sir Muhammad Yakub on 9 July 1930, who served for only one session. On 17 January 1931, Sir Ibrahim Rahimtoola was elected Speaker. He resigned on 7 March 1933 due to health concerns, and Shanmukham Chetty was unanimously elected on 14 March 1933. Sir Abdur Rahim, elected Speaker on 24 January 1935, held the position for ten years. The Assembly's term was extended as Constitutional changes were considered, and to avoid political disruption during World War II.
The Speaker's role during the wartime years underscored the strategic importance of maintaining legislative continuity and stability. With global uncertainty and local demands for autonomy growing, it was crucial for the Speaker to navigate these challenges deftly. This role required balancing the interests of the colonial administration and the aspirations for independence, setting a precedent for the imminent post-war transformation to a sovereign Parliament.
After the War, elections were conducted, resulting in the formation of the Sixth Legislative Assembly on January 21, 1946. GV Mavalankar, who had also served as the Speaker of the Provisional Parliament and the First Lok Sabha, was elected Speaker on January 24, 1946, with the support of the Congress Party securing 66 votes as against 63 won by his opponent, Sir Cowasjee Jehangir. His election received approval from the Governor-General, and he assumed office on the same day. Following the Indian Independence Act of 1947, both the Central Legislative Assembly and the Council of States were dissolved after August 14, 1947.
The Speaker should remain entirely detached from party politics. The stance on political participation by Speakers was articulated by Speaker Mavalankar on 15 May 1952, during his election as Speaker of the Lok Sabha, with the following words:
“...It is obviously not possible, in the present conditions of our political and Parliamentary life, to remain as insular as the English Speaker, so far as political life goes. But, the Indian Speaker acting as such will be absolutely a non-party man meaning thereby that he keeps aloof from party deliberations and controversies. He does not cease to be a politician merely by the fact of his being Speaker. We have yet to evolve political parties and healthy conventions about Speakership, the principle of which is that once a Speaker, he is not opposed by any party in the matter of his election, whether in the constituency or in the House, so long as he wishes to continue as a Speaker. To expect the Speaker to be out of politics altogether without the corresponding convention is perhaps entertaining contradictory expectations.
… Though a Congressman, it would be my duty and effort to deal with all members and sections of the House with justice and equity, and it would be my duty to be impartial and remain above all consi- derations of party or of political career.”
The Speaker serves as the head of the Secretariat, exercising ultimate control and direction over its operations, including the Secretarial staff of the House, its precincts, and security arrangements. They issue directives for matters not specifically addressed in the Rules and for questions concerning the detailed implementation of these Rules. However, the Speaker's powers are confined to those granted by the House or the Rules, and they cannot independently establish new procedures.
An interesting aspect of the Speaker's role involves their function as an arbitrator in the procedural interpretation and application of Parliamentary rules. Especially in a vibrant and diverse democracy like India, the Speaker's role as a neutral authority becomes all the more significant when addressing disputes among representatives across varying political backgrounds and ideologies. This responsibility demands not only a firm grasp of parliamentary law but also the tact to apply such knowledge wisely in situations that test the legislative fabric.
In cases of indefinite duration or more serious offenses, matters may be treated as contempt or breach of privilege. The Speaker is tasked with protecting the rights of members and ensuring that reasonable amenities are provided to them. The significance of the Speaker's prestige and authority has been acknowledged since the country's independence. On 8 March 1948, during the unveiling of Speaker Patel's portrait, Prime Minister Jawaharlal Nehru observed that the Speaker represents the House and embodies its dignity and freedom, symbolizing the nation's freedom and liberty. Here is his extracted remark: "The Speaker represents the House. He embodies the dignity and freedom of the House, and because the House represents the Nation, the Speaker symbolically represents the Nation's liberty. Thus, it is fitting that the Speaker's position is honoured and free, filled by individuals of exceptional ability and impartiality" (C.A.(Leg.) Deb., Vol. III, 08-03-1948, p. 1743).
The role is demanding, requiring the Speaker to act with justice and fairness, free of passion or bias. Acting as the chief spokesperson and its sole representative to the external world, the Speaker articulates and conveys the House's collective voice and decisions to the appropriate authorities. The Speaker must inspire confidence in the robustness and impartiality of their decisions, acting as both the conscience and guardian of the House.
Maintaining order in the House is a fundamental duty of the Speaker. They derive disciplinary powers from the Rules, and their decisions on matters of discipline cannot be challenged except through a substantive motion. The Speaker has considerable discretion in managing the House but must exercise this discretion judiciously, ensuring it does not hinder proceedings. They may expunge any defamatory or indecent words used in debate, direct members guilty of disorderly conduct to withdraw from the House, and suspend members who defy the authority of the Chair. In cases of significant disorder, the Speaker may adjourn or suspend the House's business.
The Speaker is authorized under the rules to correct any errors in a Bill after it has been passed by the House. The Speaker must also authenticate the Bill before it is presented to the President for assent in the case of Parliament, or to the Governor in the case of a State Legislative Assembly.
The Speaker is presented with the formidable challenge of making decisions informed by sagacity and judicious discernment. Additionally, the interpretation of the Rules of Procedure and Conduct of Business in the Manipur Legislative Assembly, as articulated under Article 208 of the Constitution of India, pertains to the Speaker's discretionary authority to exercise residuary power in matters not explicitly provided for in the rules.
It underscores that "all matters not specifically provided for in the rules and all questions relating to the detailed working of the rules shall be regulated in such manner as the Speaker may from time to time direct," and further asserts that "no decision of the Speaker in respect of disallowance of any resolution or question or in respect of any other matter shall be questioned".
The Speaker also plays a pivotal role in the interpretation of Constitutional provisions related to Parliamentary procedures. This includes not only adhering to the existing conventions but also evolving new practices that align with the changing democratic landscape. The Speaker's interpretation of legislative rules often paves the way for modernizing the Parliamentary proceedings, reflecting an adaptive governance structure capable of addressing emerging national and global challenges.
In this context, where questioning or challenging the Speaker's decisions is not permitted, a notable incident occurred in 2005 that serves as a relevant example.
On August 4, 2005, during an interview on a television channel, Dr Subhash C Kashyap, the former Secretary-General of the Lok Sabha, who is also widely respected as a Constitutional expert and an authority on Parliamentary Practice and Procedure, having authored several books on the subject, made comments regarding the Speaker's decision to reject a notice of adjournment motion submitted by Kumari Mamta Banerjee.
In light of these remarks, member Hannan Mollah submitted a notice of a question of privilege against Dr Kashyap on August 8, 2005, alleging that he had imputed improper motives to the Speaker of the Lok Sabha in the performance of his duties and had cast aspersions on the Speaker's impartiality. Subsequently, the Speaker referred the matter to the Committee of Privileges. The Committee presented its report on May 19, 2006. Following the Committee's recommendations, the Leader of the House, Pranab Mukherjee, moved a motion to admonish Dr Kashyap.
(To be contd)