The Speaker is viewed as the conscience and protector of the assembly, and therefore, this individual should be someone who is neutral and above party affiliations. Page Committee of UK held that – A partisan speaker became vanguard for the death-knell of parliamentary democracy.

Independence of the speaker means that he/she should not be under any external pressure while performing his/her duties and should consider constitutional morality as a guiding principle while conducting the business in the house. Therefore, an independent speaker ensures trust of people in a transparent and democratic law making process. It also facilitates constructive criticism by opposition and healthy debate in house which is fundamental for effective functioning of parliamentary democracy.

Being impartial means that choices must be made without bias, prejudice, or unfair favoritism towards any person or group. Thus, the Speaker’s impartiality guarantees accountability from the executive branch. The Speaker acts as the unified voice of the legislators to uphold a system of checks and balances as well as the separation of powers. Impartial decisions taken on part of the Speaker serve as precedence for upcoming office bearers to uphold constitutional values as supreme.

However, the last few years have witnessed decline in functioning of Parliament and a growing trend of the Speaker acting against the Constitutional duty of being neutral.

Controversies Surrounding the Role of the Speaker in Indian Parliament

• The present convention of Speaker continuing to be an active member of ruling party attracts allegations in relation to him/her being partial in taking up matters of urgent public importance for debate eg. Frequent disruptions in the recent winter session-2022 for taking up matters of India-China stand off for debate.
• The decision of the Speaker to certify the Aadhaar bill as a money bill also came under controversy and questioning powers of the Speaker.
• The discretionary power of the speaker in matters related to the Anti-defection law is often criticised by the experts.
• Only 13% bills till now have been referred to committees in 17th Lok Sabha which showcase a trend of decline in debate and scrutiny in parliament.

Independence and Impartial conduct of the Speaker becomes ‘sine qua non’ to ensure accountability of executive and proper functioning of  Parliament.

Constitutional provisions

• Security of tenure: A speaker is provided with a security of tenure. He/she can be removed from his office only by a resolution passed by LokSabha by an effective majority. Such a motion can be discussed only when it has the support of at least 50 members and a 14 days prior notice is given to the speaker.
• Expenditure charged on the consolidated fund of India: Salaries and allowances of the speaker are fixed by Parliament and are charged on consolidated fund of India thus not subject to vote in Parliament.
• Casting Vote: He/she can vote only in case of equality of votes which makes his position impartial.
• Conduct cannot be discussed in courts: Speaker’s power of conducting and regulating procedures of house cannot be discussed in courts. This is provided in order to ensure his/her independence.

Way Forward for Strengthening the Role and Impartiality of the Speaker in Indian Parliament

In addition to the current constitutional provisions and established conventions, the following recommendations may be adopted: 

• Set up an Independent Tribunal: The Supreme Court has suggested that Parliament consider the formation of an independent tribunal to address anti-defection issues under the 10th schedule. This tribunal would be led by a retired judge and resolve cases within three months. The Dinesh Goswami Committee recommended shifting the authority of disqualifications based on defection from the Speaker to the President, who would act on the counsel of the Election Commission.
• Implementing the British Model: In the UK, the Speaker must be completely impartial and resign from their political party. This practice could also be implemented in India; for instance, former Speaker Dr. Neelam Sanjeeva Reddy stepped down from his party before assuming the role of Speaker.
• Ensuring healthy debate: In the Re Delhi Laws Act case of 1951, the Supreme Court ruled that core legislative functions must be the responsibility of the legislature. Therefore, it is the Speaker’s responsibility to uphold decorum in the house and provide a platform for discussion on significant issues, including referring bills to committees.

Conclusion

As observed by J. L. Nehru ” the office of the speaker represents the dignity of the house, he is a symbol of the nation’s freedom and liberty hence it is important that this position be occupied always by a man of outstanding ability and impartiality”. Therefore ,with growing complexities in law making, decline of debate in house , judicial activism and strong executive, the role of this pivotal institution of Speaker becomes all the more important.

Deputy Speaker of Lok Sabha

• • Election: The Deputy Speaker of the Lok Sabha is elected by the members of the Lok Sabha from among themselves. The Speaker of the Lok Sabha determines the date of the election.

• Significance: The Deputy Speaker enjoys all powers and functions of the speaker when the speaker is absent from proceedings or if the office of speaker has fallen vacant.

• Special Privilege – Whenever appointed as a member of a Parliamentary Committee, he automatically becomes its chairman.
• Removal – The Deputy Speaker is removed in the same way as the Speaker of the Lok Sabha.
• Voting power – When not presiding, the Deputy Speaker votes like any other Lok Sabha member. When presiding over a Lok Sabha meeting, they exercise a casting vote, similar to the Speaker. 
• Note – The Deputy Speaker is not inferior to the Speaker, as they are directly accountable to the house. 
• Resignation – He submits his resignation to the Speaker.

Role and Functions of Speaker Pro Tem in the Lok Sabha

The Speaker pro tem is appointed by the President to oversee the initial session of a newly elected Lok Sabha. 

• Typically, the senior-most member of the Lok Sabha is chosen as the Speaker pro tem. The Speaker pro tem possesses all the powers and responsibilities of the Lok Sabha Speaker.
• The primary role of the Speaker pro tem is to administer the oath to members of the newly elected Lok Sabha. 
• This position is temporary and ceases to exist once the house has elected its Speaker.
•  It’s important to note that the term Speaker pro tem is not specified within the Constitution.

Panel of Chairpersons in the Lok Sabha

• This consists of a group of 10 Lok Sabha members, all appointed by the Speaker to serve as acting Speaker in the event that both the Speaker and Deputy Speaker are unavailable during a session of the House. 
• Any member of the panel may act as Speaker if both the Speaker and Deputy Speaker are absent. 
• If the Speaker or Deputy Speaker’s position is vacant, a panel member cannot preside over the House
• In such cases the President appoints a member of the Lok Sabha to act as the Speaker of the House until a new Speaker is elected.

Chairman of Rajya Sabha

The Chairman of the Rajya Sabha exercises powers and duties that are similar to those of the Lok Sabha Speaker. Key distinctions between their roles are as follows: 

• Money Bill: The Speaker is responsible for certifying whether a bill qualifies as a money bill, not the Chairman.
• Joint Sitting: It is the Speaker who presides over a joint sitting of the two houses in case of a deadlock over a particular bill and not the Chairman.
• Removal: Both houses must be involved in the process for the removal of the Vice President/Chairman of the Rajya Sabha. The Vice President can be removed by a resolution from the Rajya Sabha, which must be passed by a majority of all current Rajya Sabha members and accepted by the Lok Sabha.

Deputy Chairman of Rajya Sabha

The Deputy Chairman is elected by Rajya Sabha members from among themselves, and their powers and functions, as well as the process for removal, are similar to those of the Deputy Speaker of the Lok Sabha.

Panel of Vice-Chairpersons

The Chairman of the Rajya Sabha nominated some of its members to the panel of vice-chairpersons. Members of this panel perform the same functions as performed by their counterparts in the Lok Sabha.