NEW DELHI: The 18th Lok Sabha has just started functioning but it has already grabbed eyeballs for several reasons. From a rare contest for the post of Speaker in the Lok Sabha to the sparring over who would get the Deputy Speaker’s position, the ongoing special Parliament session is grappling with a string of controversies.
In the first trial of the strength of the new NDA government, third-term BJP member Om Birla was elected Lok Sabha Speaker for the second consecutive time through voice vote. The contest was the fourth-ever in the history of Independent India and the first in nearly 50 years. It came after the Opposition and the government failed to reach a consensus on the post of Deputy Speaker.
With NDA having a strength of 293 in the 543-strong House, Birla getting a second term as Speaker was a given. Yet, the Opposition wasn’t ready to go down without a fight. The opposition INDIA bloc fielded senior Congress MP Kodikunnil Suresh against Birla. In the past, elections to the Speaker’s post have been held thrice in 1952, 1967 and 1976.
The face-off
Though speakers have been chosen mostly by consensus, the Opposition argues that it was compelled to field its candidate after the Modi government refused to concede the Deputy Speaker’s post to them. By Parliamentary convention, the post of Deputy Speaker goes to the Opposition, say constitutional experts. However, the ruling NDA slammed the Opposition for setting the pre-condition of allotting the Deputy Speaker’s position to an INDIA bloc candidate in return for backing Birla.
Speaking to this newspaper, K Suresh said that the Opposition was forced to contest because the government went against the parliamentary convention. “It wasn’t about winning or losing the election but fighting against the anti-democratic ways of the government. From the beginning, the Opposition parties maintained that they were ready to support the NDA’s Speaker candidate but the Deputy Speaker should be from the Opposition. All the Congress-led governments have upheld that tradition,” said Suresh. “The government did not appoint any Deputy Speaker in 2019, which is unconstitutional. In 2014, the post was given to their friendly ally, the AIADMK,” he added.
Even before the first session of the 18th Lok Sabha began, there was a tussle over the appointment of pro-tem Speaker. The Congress and the Opposition alleged that the government had violated procedures and conventions and ignored the right of eight-term member K Suresh to the post of pro-tem Speaker by appointing seven-time MP Bhartruhari Mahtab instead. Though it is essentially a ceremonious post, as per convention, the government appoints the senior-most member of the House for the post till the Speaker assumes office as the presiding officer.
Role and significance of Speaker
Ever since the BJP-led NDA retained power early this month, the spotlight has been on the crucial post of Speaker as there were reports that its key allies – the Telugu Desam Party (TDP) and the JD(U) – were eyeing the position.
Constitutional expert and former Lok Sabha secretary general P D T Achary says that the Speaker is the final arbiter of the Lower House. He points out that under Article 110(3), the Speaker alone has the authority to certify a bill as a Money Bill; the Rajya Sabha has limited say in that.
“Though the Speaker is expected to play a bipartisan role, most governments favour their people in the post,” he said. The Speaker also has the power to decide on the cases of defection of MPs and disqualification under the Tenth Schedule for defection. “Apart from that, bills are referred to the Standing Committees by the Speaker. It is also the Speaker’s discretion to allow any Parliament question tabled by a member,” says Achary.
If the Opposition wants to move a no-confidence motion against the government, the Speaker comes into play. In 2018, when the TDP gave notices for a motion of no-confidence, the then Speaker Sumitra Mahajan did not accept them in the first instance, citing lack of “order” and adjourned the House several times before admitting the motion and putting it to vote. To run the House smoothly, the Speaker has to win the confidence of the Opposition, says Achary. “The Opposition now is in increased strength. The Speaker has to adopt a non-partisan approach,” he adds.
The Leader of the Opposition (LoP) is an important member of the Lower House. Achary recalled an incident when Communist MP A K Gopalan stood up while the then prime minister Indira Gandhi was speaking in the Lok Sabha. “When AKG stood up, Indira Gandhi stopped her speech and allowed him to speak. That’s the convention of the House. The Speaker didn’t have to intervene,” he says stressing that such conventions have to be followed by the House.
Voice vote or actual voting?
Though Speaker Om Birla was elected through voice vote and the pro-tem speaker announced that the Opposition did not press for division of votes, Achary says the Constitution does not recognise the practice of voice vote. “Under Article 100 of the Constitution, majority of votes means actual voting in the House. Voting should be conducted in all important items, such as passing of the bills or electing the Speaker,” he told this paper.
The Trinamool Congress claimed that the pro-tem speaker did not allow voting in the election for the Speaker though several Opposition MPs sought a division of votes. However, the Congress contradicted the Trinamool saying the INDIA bloc did not ask for division.
In 1952, 1967 and 1976, Speakers were elected through voting of the members in the Lower House.
Previous contests
In the first instance of election to the Speaker post in 1952, Prime Minister Jawaharlal Nehru moved the motion for Mavalankar, a freedom fighter, as the candidate. However, Kannur MP A K Gopalan, one of the 16 CPI MPs in the House, moved a motion in favour of Shankar Shantaram More. Mavalankar was elected as Speaker with 394 votes, while 55 MPs opposed his candidature.
The second time the Lok Sabha witnessed a contest was in 1967 when Indira Gandhi was prime minister. Indira moved the motion in favour of Neelam Sanjiva Reddy of the Congress while the Opposition, including the CPI (M), supported independent MP Tenneti Viswanatham. Sanjiva Reddy won with 278 votes, while his opponent secured 207 votes.
The third election for Speaker was in 1976 during Emergency. The motion to nominate Baliram Bhagat, a Congress MP, as Speaker was moved by Indira Gandhi. Bhagat defeated Jana Sangh’s Jagannathrao Joshi. While Bhagat got 344 votes, Joshi managed to get only 58.
Deputy Speaker
While the Speaker’s election out of the way, there is uncertainty over whether the NDA will keep the Deputy Speaker’s post or allot it to an Opposition candidate. Chances are the Opposition may force a contest for the Deputy Speaker’s post if it is not allotted to them. Article 93 says, “The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker.”
Experts point out that as per Rule 8, election to the post of the Deputy Speaker “shall be held on such date as the Speaker may fix”. The Deputy Speaker is elected once a motion proposing his or her name is moved. According to the Rules of Procedure and Conduct of Business in the Lok Sabha, the Deputy Speaker enjoys the same powers as the Speaker when the former presides over a sitting. According to Article 180 of the Constitution, the Deputy Speaker has the power to conduct the duties of the Speaker when the chair is vacant. In the 17th Lok Sabha, there was no Deputy Speaker. Though the Opposition made several representations to Speaker Birla, no action was taken to appoint a Deputy Speaker. However, in the 16th Lok Sabha during Modi’s first term as prime minister, the post was held by M Thambidurai of the All India Anna Dravida Munnetra Kazhagam.
Speaking to this paper, Congress MP Tariq Anwar points out that the post has always been held by the Opposition. “The Congress-led UPA government has always adhered to conventions.” During UPA 1, Charanjit Singh Atwal, a leader of then-BJP ally Akali Dal, held the post of Deputy Speaker. During UPA 2, the post was occupied by BJP’s Kariya Munda. During Atal Bihari Vajpayee’s tenure from 1999 to 2004, P M Sayeed of the Congress held the post.
Lok Sabha Speakers so far
G V Mavalankar 1952-56 3 years, 288 days
M A Ayyangar 1956-62 6 years, 22 days
Sardar Hukam Singh 1962-67 4 years, 333 days
N Sanjiva Reddy 1967-77 2 years, 124 days
Gurdial Singh Dhillon 1969-75 6 years, 110 days
Bali Ram Bhagat 1976-77 1 year, 69 days
K S Hegde 1977-80 2 years, 184 days
Balram Jakhar 1980-89 9 years, 329 days
Rabi Ray 1989-91 1 year, 202 days
Shivraj Patil 1991-96 4 years, 317 days
P A Sangma 1996-98 1 year, 304 days
G M C Balayogi 1998-2002 3 years, 342 days
Manohar Joshi 2002-04 2 years, 23 days
Somnath Chatterjee 2004-09 Five years
Meira Kumar 2009-14 5 years, 1 day
Sumitra Mahajan 2014-2019 5 years, 4 days
Om Birla Since 2019
Sixth in the order of precedence
The Lok Sabha Speaker is sixth in the order of precedence along with the Chief Justice of India. Those occupying the the top five positions are the President, Vice-President, Prime Minister, Governors within their respective states, former Presidents and the Deputy Prime Minister
