Question 1 · 10 marks · 273 words written
Opening
The Indian Constitution unlike that of US, has a flexible separation of powers to ensure checks & balances between organs.
Body · points
Overlapping of functions
- Legislature encroaching into
1.1 Executive → By keeping a check through vote of no confidence, question hour, adjournment motion.
1.2 Judiciary → Impeachment of CJI, SC Judges, President, vice President. → Anti defection law judgements by speaker.
Judiciary overlap with 2.1 legislature → through Vishakha guidelines, and guidelines on delhi pollution 2.2 executive → Quasi Judicial Bodies like tribunals.
Executive 3.1 legislature → through ordinances, delegated legislation eg IT rules. 3.2 Judiciary → Magistrates in tribunals eg CAT, SAT.
Hence, India's separation of power resounds stability while ensuring check on powers through constitution - also.
The Speaker is a constitutional office to safeguard the house of dignified debates & maintain decorum.
Recent instances of trust erosion:
Voice vote taken on important issues. → Recently in RS, despite demands for ballot vote → voice vote was used for farm bills.
Suspension of >100 MPs from Parliament session → undermines dignity & quality of debate.
Time given to opposition MP's was wanting → only 2 Private Member Bills were discussed.
Recent case of misbehaviour with female RS representative → concerns dignity of house.
However, following steps can help achieve balance
- Follow UK's model of 'once a speaker, always a speaker' to ensure impartiality.
- Election of deputy speaker need to take place at earliest.
- Codification of Parliamentary Privileges for reduced discretion of Speaker.
Close · a way forward
Hence, with 2026 as year of delimitation, the importance of role of Speaker increases & hence reforms are needed.