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Role of Speaker
Introduction
The speaker is a constitutional office that presides over the house of the parliament in a neutral manner vested with the authority to conduct business in the house according to rules of procedure and parliamentary ethics. She symbolises the parliamentary spirit of democracy.
Issues
- Lack of time allotted: The multi-party democracy and coalition era has widened the spectrum of views and opinions. Speakers have been accused of partisanship in allocating time to parliamentarians from various parties
- Abuse of discretions
- Deciding on Money Bill: The discretion of final say on whether a bill is money bill has often been abused by speakers. This threatens the federal framework of legislation as it then circumvents the Council of States
- Issue of Defection: 16 MLAs in Arunachal Pradesh were disqualified by speaker despite not leaving party or disobeying its directives
- Constant Adjournments: Frequent disruptions in parliament have necessitated quick adjournments. This has reduced productivity, increased hastily passed bills and led to erosion of accountability on the executive
- Ineffective control over house proceedings: Speakers have been unable to enforce parliamentary codes of conduct.
Read Also Insolvency and Bankruptcy Code
Suggestions
- Curb Discretions: The discretionary role of speaker related to defections and splits may be placed with Election Commission or any neutral body outside legislature
- A convention of once a speaker always a speaker should be developed. This can curb partisan tendencies
- Speakers can resign from party membership as in U.K
- Time allocation: India can emulate U.K and Canada in allocating set time for opposition and opportunities for regional parties to set agenda of the day.
State Legislature
Structure
The state legislatures are not uniform in their structure across states. Certain state legislatures are bicameral in their organization- an Upper house or the Legislative council (Vidhan parishad) and the lower house – the state legislative assembly (Vidhan Sabha) while most of the states in India are unicameral- only having the legislative assembly.
The Parliament can create or abolish state legislative councils when the state legislative assemblies passes a resolution to that effect by a special majority.
Composition of the Assembly
The state legislative assembly consists of directly elected representatives of state constituencies. Governor can also nominate 1 member from the Anglo-Indian community of the state if she feels they are inadequately represented in the assembly. A certain number of seats in the assembly are reserved for SC/ST members in proportion to their population in the state.
Composition of the Council
The state legislative council consists of members indirectly elected by different sections of the population – Local self-governing bodies (Muncipalites, District board), MLAs, Graduates residing in state, Teachers of 3 years standing in state and remaining members are nominated by Governor in lieu of their expertise in domains such as art, literature, social service, music, science, cooperative movement.
Legislative Council vs Legislative Assembly
- Ordinary Bills: Legislative council acts merely as a check mechanism and can at the maximum delay the passage of an ordinary bill by 4 months, it is hence merely a dilatory chamber. A bill originating in the council once rejected by assembly becomes dead.
- Money Bill: Legislative council can only pass recommendations to a money bill within 14 days of its passage from lower house. The assembly may or may not accept recommendations of legislative council. A money bill cannot be introduced in the council
- Creation or Abolition of the council: The very existence of legislative council remains on will of assembly as it can pass a resolution calling for its abolition in the event of which the parliament would initiate proceedings for the same
- Budget: The legislative council can discuss only on demand for grants, they have no power to vote for the same
- Election of President: The members of legislative council do not take part in electoral process of president
Why the Legislative Council
- Check mechanism: A second chamber at state level acts as an advisory body which passes recommendations regarding bills to the assembly. It can hence help in avoiding hastily passed, ill-thought and ill-conceived bills from state legislative assembly
- Domain Expertise: The council provides for domain expertise for eminent personalities from various fields of science, art, music, literature and social service.
Arguments against Legislative Council
Costly Luxury: Legislative councils in lieu of presence of legislative assembly may be an unnecessary and costly luxury that is not imperative to sustain democratic process of law making. Unlike the Rajya Sabha that has a federal mandate, the legislative council does not have a particular purpose of utility.
Delay: A secondary chamber for legislation hinders expeditious passing of legislations causing unwanted delays in legislative process of bicameral states
Political Misuse: The Council has been misused to circumvent and dilute the will of the people reflected in elections to state assemblies by facilitating an alternate way of representation.
Similar Opinions in Both Housesà Less Utility: It does not serve the purpose of being an advisory body to the assembly as different ideologies and opinions are not articulated owing to a political concurrence between the 2 houses.
State legislature vs Parliament
Demarcation of Subjects: Schedule 7 of the constitution clearly demarcates subjects of legislation for the parliament and state legislatures. Parliament can legislate on Union list, concurrent list and also holds residuary powers while the state legislatures can legislate on state list and concurrent list. In cases of conflict on laws passed in the concurrent list, the law made by parliament prevails. Hence parliament has slight edge evidence of unitary bias in Indian federal system
The Parliament can also legislate in matters in state list in special scenarios earlier elucidated. The Rajya Sabha may pass a resolution to that effect.
Constitutional Amendment: Only the parliament can initiate the process for constitutional amendment. In cases where federal provisions of the constitution are affected, ratification of more than half the state legislatures are The Parliament can however unilaterally alter territories of state without the consent of the state legislature through a constitutional amendment passed by a simple majority.
The Constitution has provided for adequate safeguards with regard to maintenance of federal provisions envisaged in it. It is hence neither too rigid nor too flexible.
Institution of Governors: The constitution provides for the office of a governor of state who shall be the agent of the centre. A governor enjoys discretion as to reserving bills passed by the legislature for consideration of president. The governor is not liable for his actions nor is he binding to the advice of state council of ministers.
Union executive exercises a certain amount of control through the institution of governor over state legislations. It is reflective of the unitary bias on the Indian constitution.
All-India Services: Rajya Sabha may pass a resolution by a special majority for the creation of All India services. Such a resolution needs to be concurred by the Lok Sabha.
The All India services ensure uniformity in governance, administration and quality throughout states across India. They are reflective of the unitary bias and may affect autonomy of states in dissipating governance in accordance to their wishes.
Election of Vice-President: While all directly elected members participate in election of President, only members of parliament participate in election of vice-president.
Fundamental Rights: The constitution empowers the parliament with exclusive authority to pass legislations to give effect to fundamental rights elucidated in the constitution.
President’s Rule: The parliament can take over the function of state legislature or devolve the same to an appropriate authority in cases where President’s rule has been established in the state