15/02/2019 - Indian Polity

KEY POINTS

Significance of Speakers in legislatures

·        Speakers are arbiters who steer, conduct, and maintain decorum of proceedings in Parliament and state assemblies.

·        They ensure that our legislative institutions fulfil their constitutional mandate of lawmaking, government accountability and representation.

·        Decides the questions of disqualification of a member of LokSabha, State Legislative Assembly on the ground of anti-defection law under the provisions of tenth schedule of the Indian Constitution.

Loopholes under the anti-defection law

·        Anti-defection law gives Speakers the power to expel legislators would prevent unnecessary delays by courts, but their decisions criticised for decisions on the Membership of MLAs under the anti-defection law at state level.

·        The decisions being subjected to Judicial review gives extra work load to judiciary, thereby undermining the essence of parliamentary democracy as a whole.

·        At the same time it curbs the legislator’s right to dissent and freedom of conscience.

·        Does not provide for the expulsion of legislator from his/her party for his activities outside the legislature.

Need for effective checks and balances

·        Restricting the Speaker to only act against those legislators who defy the party whip while voting on matters that impact government stability.

·        The Speaker’s powers in cases like expelling legislators, can be given to the President/Governor, acting on the advice of the Election Commission. 

·        Independence of the speaker needs to be upholded, insulating from political interference and to act free and fair, without any fear.

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Article 93 and 178 provides for Speaker for Lok sabha and state legislative assemblies. Speaker plays significant role in functioning of legislature as he presides over the house, facilities business, maintains order and decorum.

Moreover, he is the final authority to decide over disqualification of member of the house under the ambit of anti-defection law, which was added through tenth Scheduled in 1985 to curb defection of legislatures from one party to another. However, some loopholes in this law has reduced its effectiveness. 

Loopholes in anti-defection law

1) there is no time limit to decide over disqualification by Speaker, this has led to its biased use as speaker is from majority party/alliance. 

2) it does not apply to pre-poll alliance. 

3) it has led to deterioration in quality of debate as members are forced to follow stand of their political party. 

Hence, for effective functioning of Parliament anti-defection law needs to me modified to facilitate checks and balance in Indian polity. 

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