Role of the Constitution and Function
The Speaker controls discussions, upholds discipline, and protects members’ rights. They make decisions about disqualification in anti-defection cases under the Tenth Schedule. Additionally, under Article 110, the Speaker certifies Money Bills, a decision that is essentially exempt from judicial review. In correspondence with the President, Rajya Sabha, and outside authorities, the Speaker also speaks on behalf of the House.
Concern about Neutrality
Neutrality is frequently questioned in practice. As demonstrated in Karnataka and Manipur, ruling parties have profited from delays in anti-defection verdicts. The Supreme Court voiced worries about partisanship when the Aadhaar Bill was certified as a Money Bill in 2016. The Speaker’s impartiality is called into question because, unlike in the UK, they often belong to the dominant party and do not resign.
Comparative Perspective
To maintain impartiality, the Speaker of the United Kingdom resigns from their party and runs for reelection solely as “Speaker.” Because India lacks these protections, political influence can mould the office.
Proposed Reforms
A number of groups have suggested moving anti-defection trials to a separate court. Neutrality can also be strengthened by establishing legislative traditions and codifying restrictions on Money Bill certification, as in the UK.
Conclusion
Parliamentary democracy is based on the impartiality of the Speaker. Growing partisanship erodes public confidence, necessitating reforms to protect impartiality and maintain Parliament’s legitimacy.
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About the Author: Jyoti Verma
