Context: The decision of the speaker of Maharashtra to recognise Chief Minister Eknath Shinde, who left the Uddhav Thackeray-led group, as the leader of the actual Shiv Sena is a disregard for the legislative procedure and regulations.
The Speaker in a parliamentary democracy, particularly in India's Lok Sabha, holds a pivotal position in overseeing parliamentary proceedings. The essence of a parliamentary democracy lies in citizens electing representatives to legislate and make decisions for the nation.
Roles of the Speaker in a Parliamentary Democracy:
Ensure Smooth Proceedings: The Speaker presides over Lok Sabha meetings and joint sittings, facilitating debates and law passage.
Maintain Discipline: The Speaker upholds discipline, warning or removing disruptive members to ensure orderly proceedings.
Fix Agenda: In collaboration with the business committee and the Prime Minister, the Speaker sets the agenda for parliamentary meetings.
Permission for Questions: Members require the Speaker's permission to pose questions to ministers, preventing politically motivated queries.
Conduct House Business: The Speaker manages House business, allowing bill introductions, recognizing members, setting debate time limits, and conducting votes.
Interpret Rules: In case of disputes over House rules, the Speaker interprets them, and the interpretation is final.
Power to Adjourn: The Speaker can adjourn sessions if quorum isn't met or if disorderly conduct hinders House business.
Criticism Faced by the Office of the Speaker:
Impartiality Issues: Speakers, usually elected on party tickets, face criticism for potential bias, unlike the British convention of political neutrality.
Anti-Defection Law Challenges: Instances of disqualifying MLAs under anti-defection laws have been contested, questioning the Speaker's role.
Discretionary Power Critique: Speakers' discretionary powers, especially in declaring bills as money bills, have faced criticism, as seen in the Aadhar bill case.
Review Challenges: The Speaker's decisions are not subject to appeal or review, contrasting with the American system where appeals can be made.
Increased Disruptions: Frequent disruptions reduce time for important discussions, leading to accusations of bias in allocating time and harsher punishments.
In conclusion, while the Speaker holds a crucial role in maintaining parliamentary democracy's integrity, concerns about impartiality must be addressed to ensure effective functioning of the Indian Parliament.