The presiding officers of state legislatures play a crucial role in upholding democratic principles by maintaining order and impartiality during legislative proceedings. Their responsibilities include ensuring fair debate, protecting legislative decorum, and facilitating the smooth conduct of business. This discussion explores their role within the constitutional framework.

Q5. Discuss the role of presiding officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.

Model Answer:

Introduction

Presiding officers are key spokes-persons of the state legislature. Article 180 of the Indian constitution empowers them to maintain order, impartiality, and facilitate a conducive environment for legislative work.

Body

Role of presiding officer of state legislature in maintaining order and impartiality 

• Rule enforcement - includes regulating debate procedures, addressing points of order, and ensuring decorum. some text
  • For example, the Speaker of the Legislative Assembly might suspend a member for using unparliamentary language. 
• The Speaker of the assembly might adjourn the house if a particular issue leads to unruly protests.
• Presiding officers allocate speaking time fairly to different parties and members, ensuring everyone has a chance to voice their opinions. 
• In case of a tie vote, the presiding officer holds a crucial casting vote. However, this power is exercised sparingly to maintain neutrality. 
• They play a crucial role in upholding anti-defection laws by deciding on disqualification petitions of members who switch parties. 
• Presiding officers often play a role in appointing members to various legislative committees, aiming for a fair and balanced representation of parties and expertise. 

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Challenges faced in maintaining impartiality of position of speaker. 

• Speakers are sometimes accused of selectively silencing opposition members during disruptions, stifling their voice. 
• Speakers have the discretion to interpret the rules of the Assembly. A biased interpretation can favour the ruling party.
• The Speaker is a member of a political party elected by the majority party. This inherent affiliation can raise doubts about their neutrality in decisions impacting opposing parties.some text
  • For ex- AIADMK's speaker brought adjournment sine die as the government faced a no-confidence motion. 
•  In Kihoto Hollohan vs. Zachillhu (1993), the court observed that the Speaker's role in disqualification can be susceptible to bias due to their dependence on the majority party. some text
  • In Manipur Legislative Assembly vs. Thokchom Shyam Kumar Singh (2020), the court questioned the rationale behind a politically affiliated Speaker being the sole arbiter in disqualification cases. 

Reforms that can be taken to strengthen the office of speaker 

• Following the Ireland model, where the Speaker is someone who has given up political ambitions and built credibility.
• Shift the power of disqualification under the anti-defection law to the President or Governor, who decides based on the suggestions of the Election Commission of India (2nd ARC recommendation). 
• It is suggested that anyone seeking the position of Speaker may be required to run for election on an independent ticket.
• As per VS Page committee, once a person is elected Speaker, he should rise above parties, above politics. He should belong to all the members or belong to none.

Conclusion

The Speaker is the custodian of the practices that infuse life in democracy. He/she shall be bound by all such values that deepen the trust of the people in the functioning of the democracy. 

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