[Model Answer QP2023 GS2]Discuss the role of presiding officers of state legislators in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.
Presiding Officers are the authorities responsible for maintaining order and decorum, overseeing the proceedings, and ensuring adherence to the rules and procedures of the respective legislative bodies. They include Speaker and Deputy Speaker, Chairman and Deputy Chairman of Loksabha & Rajya Sabha respectively as well as Legislative Asssembly & Legislative Council respectively.
Role of Presiding Officers of State Legislatures in Maintaining Order, Impartiality, and Facilitating Best Democratic Practices:
1. Maintenance of Order: The primary responsibility of the presiding officer, be it the Speaker in the Legislative Assembly or the Chairman in the Legislative Council, is to ensure smooth proceedings in the House. They ensure that debates and discussions happen in a structured manner, preventing chaotic scenes. They can take disciplinary actions against members who violate the rules, which might include suspending the member from attending the proceedings for a specific period.
2. Upholding Impartiality: Once elected, the presiding officer should renounce all political biases. Even if they belong to a specific political party, their role demands impartiality to ensure that the legislative business proceeds without favoritism. They should give equal opportunities to all members, regardless of their party affiliations, to voice their opinions.
3. Interpreting Rules: The presiding officer has the authority to interpret the rules of the House. Their interpretations can set precedents for future references. Their role is similar to a referee, ensuring all members adhere to the procedural norms of the legislative business.
4. Facilitating Legislative Business: The presiding officer sets the agenda of the House in consultation with the government and the opposition. They ensure that both legislative and non-legislative matters are given ample time for discussion. They play a critical role in facilitating legislative business, ensuring bills are debated, discussed, and passed in a systematic manner.
5. Decision on Points of Order: Members can raise ‘points of order’ if they believe there’s a breach of the House’s rules. The presiding officer decides on such points, ensuring that the proceedings are in line with established norms and procedures.
6. Voice Vote and Division: At the end of a debate on a motion, the presiding officer puts the question to the House. Initially, a voice vote is taken. If the outcome is unclear or contested, a division (detailed voting) can be ordered by the presiding officer.
7. Casting Vote: In the case of a tie on any issue, the presiding officer exercises their casting vote. This ensures that decisions can be made even in situations of perfect deadlock.
8. Referral to Committees: The presiding officer can refer specific matters or bills to the relevant committees for detailed examination. This facilitates deeper scrutiny and allows for specialized input on complex issues.
9. Promoting Healthy Debate: By moderating discussions, recognizing members to speak, and ensuring that decorum is maintained, the presiding officer promotes a culture of healthy debate, which is crucial for democracy.
Conclusion:
In the Indian context, the role of presiding officers in state legislatures is paramount. They not only facilitate the smooth functioning of the House but also uphold the principles of democracy. Their unbiased approach, commitment to rules, and ability to manage diverse views ensure that state legislatures remain vibrant platforms for democratic deliberations.
