Political Diary
New Delhi, 16 August 2022
Of The House, For The House
DEPOLITICISE SPEAKER’s OFFICE
By Poonam I Kaushish
It’s the season of parades galore and prize
catches. Specially in Bihar where the political arena resembles a Spanish
bull-ring following the demise of BJP-JD(U) Government and
resurrection of the old Mahagathbandhan JD(U)-RJD-Congress-HUM
etc with “somersaulting” Nitish again Chief Minister for eighth time.
Playing Matador to the hilt, the new Government which
is set to prove its majority in a special Assembly session 24-25 August
has also brought a no-confidence motion against Assembly Speaker Vijay Sinha,
BJP MLA as he has not resigned which goes against convention after
Government change. Asserted JD(U) spokesman “The Speaker can be
removed by an Assembly resolution passed by majority. As we have 164 against
BJP’s 77 MLAs it is a no brainer.”
The issue is not whether the Speaker resigns or removed,
nor that Parties have used this post as lollipop to reward or oblige a
Party worker, neither that it has sounded another death knell to a
Constitutional institution. But why he so important in the
Constitutional scheme of things?
Primarily, as the Speaker represents the House, its
dignity, freedom and liberty. According to Erskine May, “The House has no
Constitutional existence without him.” He has to ensure Opposition
has its say even as Government has its way. His rulings and decisions can
make or break the ruling Party. His casting vote can swing the balance either
way. Expected to be above Party politics and not the ruling Party’s puppet.
If a Party splits the Speaker decides whether it is a
“split” or defection case. His ruling is binding. By this one act he can
“destroy” a Party and facilitate another’s rule. Recall, Chandra Shekhar’s
famous split which led to VP Singh’s Government fall. Besides, his
powers to use, misuse or abuse Anti-Defection
Act which bestows the power of
deciding whether a representative has become subject to disqualification, post
their defection on the Speaker offering ample scope to him to exercise
discretion and play political favourites, ignoring the letter and spirit of the
Act.
The recent fracas in Maharashtra whereby 15 MLAs led by
Shinde were disqualified by Assembly’s Dy Speaker followed by Shinde-anointed
Speaker disqualifying Thackeray-led MLAs. In Madhya Pradesh 2020 22 Congress rebel MLAs led by Jyotiraditya Scindia
sent their resignation to Assembly Speaker who accepted their resignations only
a day before the Supreme Court ordered a floor test which culminated in Kamal
Nath’s Government falling.
In July 2019 Karnataka Assembly Speaker
disqualified 11 Congress and three JD(S) MLAs leading to collapse of
Kumaraswamy’s Government. In 2015-16 BJP had only 11 MLAs and support of 2
Independents in Arunachal but engineered defections by winning over 21 of 47
Congress MLAs in the 60-Member Assembly. The Speaker disqualified 14 MLAs,
simultaneously BJP held an extraordinary session wherein rebel Congress-BJP
MLAs removed the Speaker. While Gauwhati High Court upheld the
disqualification, Supreme Court refused to give a verdict on disqualification
but restored Congress Government in July 2016.
Ditto in Uttarakhand where Speaker
disqualified 9 Congress rebel MLAs for voting against the Appropriations
Bill despite them not leaving Congress or voting against it in
the Assembly. The MLAs joined BJP and
upstaged Congress Government in 2016. This was preceded by 25 BJP and 9
Congress rebel MLAs moving an impeachment motion against the Speaker. The Uttarakhand High Court upheld the disqualification
but Supreme Court ordered a trust vote which led to restoration of Congress
Government in May 2016.
Alas, its par for the course when MPs-MLAs-Speaker roles
are inter-changed at a drop of a hat. Whereby, ruling Party Ministers, MPs and
MLAs accept Speakership only to exploit the office for richer political
dividends. Whereby, it is increasingly difficult to keep track of Minister’s
becoming Speaker’s and vice versa.
From second Speaker Ayyangar who became Bihar Governor on
his term’s expiry to GS Dhillon and Manohar Joshi who switched roles from
Ministers to Speakers, Balram Jhakar never concealed his identity as
Congressman, Rabi Ray lived up to his Janata Party’s expectation and Shivraj
Patil who post Speakership, lost the re-election, but was nominated by Congress
to Rajya Sabha and anointed Home Minister. In UPA I Congress MP and
Minister Meira Kumar became Lok Sabha Speaker in UPA II. Today eyebrows
are not even raised.
The entirety of a Speaker’s decisions can also be an
inducement for abuse. Instances of suspension of almost all DMK MLAs who were
evicted en masse from the Tamil Nadu Assembly in 2016 while protesting or the
violence in the J&K Assembly resulting in senior PDP leaders hurling abuses
and a pedestal fan at the Speaker raise crucial questions about the health of
our democracy.
Such suspensions are increasingly becoming common across
Parliament and State Assemblies, with a partisan Speaker in the vanguard of
eroding India’s democratic character. In the just concluded Parliament monsoon
session 27 MPs were suspended. Bringing things to such a pass whereby a Speaker
seems to have acquired a “larger than life image and role” and has become
the primus entre peri.
A kind of a demi-God who can do no wrong, and whose actions
are unquestionable. Forgotten in the quintessential position, is the Speaker
who is essentially servant of the House has fast become its master, thanks to
rules of procedure. Highlighting, falling standards in conducting legislative
business in Parliament and Assemblies and need to clearly define these.
Undoubtedly, the Speaker’s position is paradoxical. He
contests election for Parliament or State Assembly and then for the post on a
Party ticket, and yet is expected to conduct himself in a non-partisan manner,
all the while being beholden to the Party for a ticket for the next election.
Confided a former Lok Sabha Speaker: “We are elected on Party tickets with
Party funds. How can we claim independence? Moreover, even if we resign on
becoming Speaker, we would still have to go back to the Party for sponsorship
for next election.”
Where does one go from here? Time to look afresh at the
Speaker’s powers, depoliticize his office, promote neutrality. Under
the Westminster model, Speaker should resign from his Party on his election and
is re-elected unopposed in subsequent elections in House of Commons. Lok Sabha
and Assembly Speaker’s impartiality is more important as he has more absolute
powers than his House of Commons’s counterpart.
Succinctly, the Speaker is of the
House, by the House and for the House. He has
to place himself in a judge’s position, not become partisan so as to avoid
unconscious bias for or against a particular view thus inspiring confidence in
all sections of the House about his integrity and impartiality.
Late CPM MP Somnath Chatterrjee is a beacon. He refused to
resign as Lok Sabha Speaker after Left withdrew support to UPA I Government
over the Indo-US nuclear deal in July 2008. Saying Speaker’s office was a high
Constitutional post and above politics. Like him we need to adopt the maxim:
“once a Speaker, always a Speaker.” ----- INFA
(Copyright, India News & Feature Alliance)
|