Roadmap for Answer Writing Introduction: Context Setting Begin by explaining the role of the Speaker of State Legislative Assemblies and the concerns related to their bias and partisanship. Briefly introduce the issue: Should the Speaker continue to hold the authority under the Anti-Defection ...
Usefulness of Committees in Parliamentary Work Role of Committees: Committees are crucial for efficient parliamentary functioning as they facilitate detailed scrutiny of legislation, administration, and budgetary matters. They provide specialized oversight, enhance accountability, and ensure comprehRead more
Usefulness of Committees in Parliamentary Work
Role of Committees: Committees are crucial for efficient parliamentary functioning as they facilitate detailed scrutiny of legislation, administration, and budgetary matters. They provide specialized oversight, enhance accountability, and ensure comprehensive examination beyond the constraints of full House discussions. For instance, committees allow for in-depth discussions and expert testimonies, which aid in crafting more informed and balanced policies.
Role of the Estimate Committee: The Estimate Committee plays a significant role in the Indian Parliament’s budgetary process. Established under the Rules of Procedure, its primary functions include:
- Examination of Estimates: The Committee reviews and examines the budgetary estimates presented by various ministries and departments. It assesses whether the allocations align with the government’s policy priorities and are used efficiently.
- Report on Economy: It scrutinizes expenditure patterns and suggests improvements for cost-effectiveness. For example, recent recommendations have led to better financial management practices and enhanced transparency in fund utilization.
- Recommendations for Revisions: The Committee provides recommendations for adjustments in estimates to ensure that funds are allocated in accordance with the needs and priorities of the country. This has resulted in significant policy adjustments and reallocation of resources for underfunded sectors.
Recent Examples: The Estimate Committee’s review of the 2022-23 Union Budget highlighted discrepancies in fund allocations for rural development programs, leading to a re-evaluation and increased funding for critical areas.
In summary, the Estimate Committee enhances parliamentary efficiency by providing detailed analysis and recommendations on budgetary allocations, thus playing a vital role in fiscal oversight and accountability.
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Model Answer Introduction: Bias and Partisanship Among Speakers The Speakers of State Legislative Assemblies in India have often been accused of acting in a biased manner. For example, the Maharashtra Assembly Speaker was criticized for delaying disqualification decisions, while the Rajasthan AssembRead more
Model Answer
Introduction: Bias and Partisanship Among Speakers
The Speakers of State Legislative Assemblies in India have often been accused of acting in a biased manner. For example, the Maharashtra Assembly Speaker was criticized for delaying disqualification decisions, while the Rajasthan Assembly Speaker faced backlash for issuing disqualification notices to certain MLAs. These concerns highlight the need to review the current role of Speakers in matters related to the Anti-Defection Law.
Provisions Under the Anti-Defection Law
The Anti-Defection Law under the Tenth Schedule grants significant powers to the Speaker. Their decision on disqualification is final, with no time limit for making a ruling. Moreover, the courts cannot intervene until the Speaker has made a decision. This setup has raised concerns about potential bias and delay in decisions, especially when the Speaker is from the ruling party.
Arguments for Curtailing the Powers of the Speaker
Conflict of Interest: The Speaker, often from the ruling party, may have an inherent conflict of interest. During the 2019 Karnataka Assembly crisis, the Speaker was accused of favoring the ruling party in disqualification matters.
Delay in Decisions: Speakers have been criticized for delaying decisions on disqualification, allowing defected legislators to continue as members. For example, a disqualification petition in Manipur remained pending for almost three years before the Supreme Court intervened.
Dinesh Goswami Committee Recommendation: The committee recommended that the power to disqualify members under the Tenth Schedule be vested in the Governor, who would act on the advice of the Election Commission.
Arguments Against Transferring Power to Other Bodies
Independent Panel: Suggestions for an independent panel of retired judges could lead to judicial interference in political matters, disrupting the separation of powers.
Politicization of the Election Commission: Giving the Election Commission greater role in disqualification could politicize the body, as the executive plays a significant role in its appointments.
Suitability of the Speaker: The Speaker, being an integral part of the legislature, is best suited to decide on disqualification matters, as shown by unbiased decisions like those taken by the Andhra Pradesh Speaker, who disqualified eight MLAs in 2023 for shifting their loyalties.
Conclusion: Promoting Neutrality
To address the concerns of bias and partisanship, the best approach would be to promote neutrality within the Speaker’s role. Drawing from practices in developed democracies like the UK and Ireland, reforms should aim at ensuring the Speaker acts impartially and in the best interests of the legislative process.
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