Presiding officer - Speaker - Order Order !!!

Continuing our series on Parliamentary reforms.

The parliament is a deliberative platform. Apart from enacting laws, it also has responsibility to accountability  of government whenever it meets. Elected representatives raise debate and discuss issues concerning constituencies and nation at large. In order, to make the house perform its function orderly and efficiently it is essential that someone plays the role of referee. That role in Lok Sabha is played by the Speaker. Unfortunately, the post has been not immune to scrutiny for its alleged partisan role.

Powers & Functions of the Speaker of LS?
Power

• On the order of precedence, ranks sixth, along with the Chief Justice of India.
• can punish a member for their unruly behaviour by suspending them to maintain discipline and decorum in the house 

Functions

• conducts the business in house
• decides on the agenda to be taken up for discussion during the meeting
• permit the moving of various kinds of motions and resolutions such as a motion of no confidence, motion of adjournment, motion of censure and calling attention notice as per the rules.
• also presides over the joint sitting of both houses of the Parliament of India.
• Article 110(3) makes speaker the final authority to decide whether a bill is a Money bill or not.
• Tenth schedule grants Rule making power and Deciding authority on matter of defection.

Issues with the post of Speaker arises from situational discretion and huge power bestowed to the office from constitution and other laws/rules :

• use of voice vote even in passing of budget (in some state assemblies)
• partisan role - selective in taking up issue.
• misuse of power wrt Money bill - to eclipse deliberation in RS.
• misuse of power wrt Anti-defection law
• Article 122 prohibits courts from inquiring into proceedings of Parliament and examining their validity
• Politicization of the post

Important judgments : 

• Kihoto Hollohan case, 1992 - Speaker acts a tribunal while deciding on Schedule X and is subject to judicial review.
• Mohd. Saeed Siddiqui v State of U.P. (2014) SC - decision of Speaker on Money Bill is final. 

Suggestion for Improvement :

• The speaker should apply conscience and play non-partisan role in true spirit of constitution. Must follow the principle "Caesar's wife must be above suspicion."
• A collegium of 3, headed by Speaker and 2 MP as member may be constituted to decide whether a bill is Money bill or not
• the question of Anti-defection may be decided by President after consultation with ECI as suggested by NCRWC 2002.
• A convention should develop as in UK, where elected Speaker resigns from her past party.