Daily Answer Writing Challenge-7th September

Q1. The Legislative Assembly is the power centre in a State. In this context, critically examine the  criticism faced by the State Legislative Speaker. (250 Words, 15 Marks) 

Decoding the Question: 

• Introduction: Give a brief overview of the State Legislative Assembly.
• Body: 

• • Explain the Constitutional position of the Speaker. 
  • Highlighted the criticism faced by the State Legislative Speaker. 
• Conclusion: Conclude with the significance of the State Legislative Assembly. 

Answer: 

Each state has a Legislative Assembly. A state legislature with one House – State Legislative  Assembly (Vidhan Sabha) – is a unicameral legislature. A state legislature that has two houses –  the State Legislative Assembly and State Legislative Council (Vidhan Parishad) – is a bicameral  legislature. 

• The Legislative Assembly is a legislature chosen by the people and is the actual seat of  government in a state.   

• • An Assembly’s maximum strength is limited to 500, and its minimum strength is limited  to 60. However, certain States, such as Sikkim, Arunachal Pradesh, Goa, etc., have been  permitted to have smaller Legislative Assemblies. 

The Speaker 

• The main spokesperson who oversees the procedures of the State Legislative Assembly sessions  is the Speaker. Article 178 of the Indian Constitution requires every State Legislative Assembly  in India to elect one of its members as Speaker and another as Deputy Speaker. 

• • Members of the Legislative Assembly elect its Speaker. 
  • Additionally, a Deputy Speaker is also chosen to oversee the proceedings while the Speaker  is not present. 

Criticism Faced by the Speaker in Various Aspects: 

• Anti-Defection Law: The Speaker’s position has been under fire recently on a number of occasions for disqualifying MLAs under the Anti-Defection Law, and their decision has been  contested in Court. 
• Impartiality: The post of the Speaker should be fair and impartial in a Parliamentary democracy;  however, they are typically elected to the House on the platform of a political party. As a result,  the speaker’s political liability for supporting his party increases. 
• Review of the Speaker’s Decisions: The Speaker is not accountable to anyone for fulfilling the tasks that have been given to him by the Rules.   

• • The Presiding Officers’ decisions are final and cannot be challenged or reviewed. A Member of the House of India may vehemently disagree with the Speaker’s decision, but under the  Rules, he is limited to pursuing his interests through Parliamentary channels.  
  • The SC in the Kihoto Hollohan case ruled that the decision of the Speaker (Under the 10th  Schedule) is open to Judicial Review. 
• Disruptions: Regular interruptions in the House force Speakers to leave less time for debate. 

This frequently casts doubt on the Speaker’s objectivity because he is alleged to give the ruling  party more time. 

• Not Referred to Committees: Several laws have been passed in numerous sessions without any  debate and without being referred to any Committee; as a result of the stagnation of legislative  operations. 

The neutrality of the Speaker’s Office is crucial to the genuine operation of the Legislative Assembly. While the Speaker’s post may not yield a lot of power, it does signify dignity and status. When the  ruling party and the opposition are involved, the Speaker serves as an impartial referee. Making sure  the opposition has enough opportunity to criticise the government is a key duty of the Speaker.