Political Diary
New Delhi, 13
February 2024
Of The House, For The House
DEPOLITICISE SPEAKER’s OFFICE
By Poonam I Kaushish
It’s the season of Aya Ram Gaya Ram and prize catches. Specially in Maharashtra and Bihar where the political arena resembles a
Spanish bull-ring following three
Congress stalwarts ex- Chief Minister Ashok Chavan, Milind Deora and Baba
Siddique dumping it. In Patna demise of JD(U)-RJD-Congress Mahagathbandhan Government and resurrection of old BJP-JD(U) ties with “somersaulting”
Nitish again Chief Minister for ninth time.
Playing Matador to hilt, the new NDA Government enacted an emotion-filled
politico-drama Monday by removing Assembly Speaker RJD’s Chaudhary, who refused
to step down, via a no-confidence
motion prior to its trust vote. Reminiscent of 2022 when the Mahagathbandhan had got rid of BJP’s
Assembly Speaker. Justified by Speaker can be removed by an Assembly resolution
passed by majority.
Last
month too, Maharashtra Assembly Speaker Narwekar took 18 months to rule Chief
Minister Shinde with 40 MLAs was the Shiv Sena and not Thackeray’s faction, but
refused to disqualify his 16 legislators, lobbing the ball back to Supreme
Court.
In 2020, Jyotiraditya
Scindia led 22 Congress MLAs sent their resignation to Madhya Pradesh Assembly Speaker who accepted their resignations only a
day before 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 Kumaraswamy’s
Government collapse. 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.
The issue is not whether the Speaker’s decision in
every case has politics written all over it or if he resigns or is removed. Nor
whether a political appointee should continue to be arbitrator in legislators’
defections? Neither that Parties have used Speaker’s post as lollipop to reward
and oblige a Party worker thus sounding another death knell of a Constitutional
institution. But why Speaker is so important in the Constitutional scheme of
things?
Primarily, as he 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 and is expected to be above Party politics and not Government’s
puppet.
If a Party splits, 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. His casting vote can swing
balance either way. Recall, Chandra Shekhar’s famous split which led to VP
Singh’s Government fall.
Besides, his powers to use or misuse 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.
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 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 over 149 Opposition MPs from
Parliament in the winter session, almost all DMK MLAs were evicted en masse from the Tamil Nadu Assembly in
2016 while protesting raise crucial questions about our democracy’s health and
its democratic character.
Bringing things to such a pass, whereby a Speaker has acquired
a larger-than-life image and role and has become the primus entre peri. 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.
Undoubtedly, the Speaker’s position is paradoxical. He
contests Parliament or State Assembly election and subsequently 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 ex-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 still have to go back to the Party for sponsoring our next
election.”
Against this background and in our Aaya Ram Gaya Ram political milieu the Speaker’s job has not only
become all important and demanding but is the cynosure of all eyes today as the issue of having an independent Speaker is
vital.
Where does one go from here? Time to look afresh at the
Speaker’s powers, depoliticize his office, promote
neutrality. One way is follow Britain’s Parliamentary democracy whereby a MP
resigns from his Party once elected Speaker and is re-elected unopposed in
subsequent elections. Two, Speaker must walk a tight rope, 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.
Towards that end he has to play fair and set healthy
and gracious conventions for the high Constitutional office he holds which
calls for fairness, uprightness and adherence to Constitutional values and
conventions.
Consequently, rules have to be drastically changed to
ensure the Speaker’s Constitutional post is respected as it is sacrosanct.
Legislators and Governments must desist from reducing his office in to a
Constitutional extension of Government. Thereby, converting the post in to a
monument like Taj Mahal or Qutab Minar. We know what pigeons do to them.
Remember, a Speaker is an honoured position, a free
position and should be occupied always by men of outstanding ability and
impartiality as what matters are not men but institutions. We must recognize a Speaker’s key role in our
democracy by adopting the British maxim: Once a Speaker always the Speaker.
Succinctly, the Speaker is of the House, by the
House and for the House. Remember,
what matters are not men but institutions. One can tit for an individual but
not tat on the State. It is imperative our democracy is put back on the rails.
----- INFA
(Copyright, India News & Feature Alliance)
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