Decoding the Lok Sabha Speaker election

Written by: Samarth Bansal

In 2008, Somnath Chatterjee, then Speaker of the Lok Sabha, made a decision that would be long remembered in India's parliamentary history. 

The context was a crucial vote on the India-US nuclear deal. Chatterjee's party, the Communist Party of India (Marxist), had withdrawn support from the ruling United Progressive Alliance (UPA) government over this very issue. They wanted Chatterjee to resign as Speaker before the vote. But he refused.

Chatterjee's words still resonate: 

The Speaker of Lok Sabha, like the speakers of other elected assemblies, while acting as such does not and cannot represent any political party. 

He chose to continue in his role, prioritising the integrity of parliamentary proceedings over party loyalties. This decision led to his expulsion from the party he had served for decades.

A contested election in 2024

Chatterjee's impartiality, however, remains an exception rather than the rule. Fast forward to 26 June 2024, and we witnessed only the third contested election for the Speaker's position in India's history.

Here's how it went down: The incumbent Speaker, Om Birla from the BJP, was re-elected. He won against Kodikunnil Suresh, the candidate put forward by the opposition INDIA bloc. The vote count stood at 297 for Birla and 232 for Suresh. 

The process is simple: the Speaker is elected from among the Lok Sabha members by a simple majority of members present and voting.

Now you may wonder: why was there a contest at all if the result was predictable?

Well, it's because the Opposition INDIA bloc—led by the Congress—decided to make a point. They contested the election because the ruling National Democratic Alliance (NDA) had not tried to build a consensus on the issue or agree to give the Deputy Speaker's post to the Opposition.

What's the deal with the Deputy Speaker? It's a position that's supposed to work alongside the Speaker, stepping in when the Speaker is absent. Traditionally, if the Speaker comes from the ruling party, the Deputy Speaker is chosen from the Opposition—a practice that started in 1991 and had been followed through till 2014. 

But… this post has been vacant since 2019. 

As Congress leader Rahul Gandhi put it: 

The entire Opposition, we have spoken to everyone, has said that we will support [the NDA candidate] but the convention is that the Deputy Speaker is given to the Opposition.

It's not yet clear whether the opposition’s demand will be met. 

Why care about the Speaker?

The Speaker's role is like being the referee in a high-stakes game. They decide who gets to speak in the Lok Sabha, for how long, and on what topics. They can allow or disallow discussions on important issues. They can even suspend MPs for what they consider disorderly conduct.

Here's the thing: a non-partisan Speaker is crucial for the Opposition to effectively act as a check on the government. In most parliamentary democracies, the Speaker's election goes unchallenged to ensure consensus. Some countries even have rules to make sure Speakers stay impartial.

Take the UK, for example. Once a Speaker is elected there, they have to resign from their political party and run for re-election as the Speaker. 

But India doesn't have such safeguards. The Speaker's independence  isn't guaranteed by the Constitution or enforced by any traditional practices. As one analysis puts it:

The Speaker is, in essence, the nominee of the ruling party or coalition – which, of course, has no incentive to nominate an independent-minded person to occupy the Chair. Indian constitutionalism, therefore, has a design – or structural – flaw, where the very individual who is meant to protect the interests of Parliament against the executive is, essentially, beholden to the executive.

This is why Somnath Chatterjee's stand in 2008 was so remarkable. He chose to prioritise his role as Speaker over his party loyalty, something that's rare in Indian politics.

Let's examine why this matters through some concrete examples:

1. Anti-defection powers

The Speaker has the power to disqualify members who defect from their parties, as outlined in the Tenth Schedule of the Constitution, also known as the anti-defection law. This law was introduced in 1985 to prevent political instability caused by members switching parties.

The 2022 Maharashtra political crisis offers a stark example of a Speaker's influence. When Eknath Shinde and his followers broke from the Shiv Sena to form a government with the BJP, the newly elected Speaker, BJP's Rahul Narwekar, made a controversial ruling. 

He dismissed disqualification petitions against 30 rebel MLAs and recognised Shinde's faction as the 'real' Shiv Sena. This decision not only legitimised the split but also secured the new government's position. 

This case, though from a state assembly, demonstrates how a Speaker's decisions on party splits and disqualifications can reshape the political landscape, potentially determining who holds power.

2. Suspension of MPs

The Speaker has the power to suspend MPs for disorderly conduct. This power, while necessary for maintaining order, can significantly impact the functioning of the House if used disproportionately.

According to a data analysis by The Hindu, in the last 20 years (as of October 2023), there have been 144 suspensions of MPs in the Lok Sabha. Notably, 65% of these suspensions (94 out of 144) occurred during the NDA's terms, compared to 50 during the UPA's tenure.

The 16th Lok Sabha, elected in 2014, saw the highest number of suspensions at 81, with 49 members being suspended in a single session. (No BJP members were suspended during the NDA's terms.)

More recently, in December 2023, the Speaker Om Birla suspended a staggering 146 MPs for alleged unruly conduct, just before discussions on crucial bills. This mass suspension effectively silenced a significant portion of the opposition voice in the House.

3. Expunging remarks

The Speaker has the authority to expunge remarks made on the floor of the House if they are deemed unparliamentary. This power can potentially be used to shape the narrative of debates.

For instance, in 2023, Om Birla ordered the expunction of remarks made by Congress leader Rahul Gandhi on the alleged link between Prime Minister Narendra Modi and businessman Gautam Adani. Which effectively removed these comments from the official record of the House proceedings.

4. Certifying Money Bills

The Speaker has the crucial power to certify whether a bill is a Money Bill. This matters because Money Bills can be introduced only in the Lok Sabha and the Rajya Sabha has limited powers to modify them.

A Money Bill typically deals with matters of government finance, such as taxation, borrowing, or spending. However, the classification of a bill as a Money Bill has sometimes been controversial.

For example, the BJP government has used this route to pass legislations like the Aadhaar Bill, amendments to the Prevention of Money Laundering Act, 2002 (PMLA), and the Foreign Contributions Regulations Act, 2010. By classifying these as Money Bills, the government was able to bypass the Rajya Sabha where it did not hold a majority.

This power of the Speaker can thus be used to fast-track controversial legislation, potentially circumventing full parliamentary scrutiny.

The bottomline: The Speaker's role is especially important in the current Lok Sabha because the BJP doesn't enjoy a clear majority. Every vote counts—especially so in a more fractious parliament—and the Speaker's decisions can tip the balance.

Will we see fair debates? Will the opposition get a fair chance to hold the government accountable? A lot might depend on how the Speaker's role evolves in this new political landscape.

Reading List

Scroll breaks down why the Speaker election was such a rare occurrence, while Gautam Bhatia in Hindustan Times has an excellent analysis on the importance of the speaker position. The Hindu looks at the rise of suspensions in the Lok Sabha during the NDA era. The Wire examines the controversial conduct of the Speaker in the last ten years.