[ad_1]
GS Paper 2:
Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
Context:
Maharashtra Governor Bhagat Singh Koshyari and the Maha Vikas Aghadi (MVA) government are locked in a tussle over the election of the Speaker of the Assembly.
What’s the issue now?
Following the Assembly elections of 2019, Nana Patole of the Congress was elected Speaker of the House. But the post fell vacant in February 2021, after Patole resigned and was subsequently appointed president of the state Congress.
- Thereafter, Deputy Speaker Narhari Zirwal Sitaram of the NCP conducted the proceedings in the Legislative Assembly. However, the post fell vacant due to internal differences among the parties in the coalition.
- Now, the government wants to hold the election through voice vote instead of a secret ballot (As per the latest amendments). But, the governor has questioned the constitutionality of this decision.
What amendments were made to the Rules last week?
Last week, the government moved a motion in the Assembly seeking amendments to Rules 6 (election of Assembly Speaker) and 7 (election of Deputy Assembly Speaker) by voice vote instead of a secret ballot. The amendments were proposed by the Rules Committee of the legislature.
- The amendments excluded the words “holding of the election” and included the words “to elect the Speaker on the recommendation of the Chief Minister” in Rule 6 of Maharashtra Legislative Assembly Rules.
- The amendments also replaced the provision of election of the Speaker by “secret ballot” with “voice vote”.
Criticisms:
The Opposition has argued that the Rules cannot be amended in the absence of the Speaker.
What is the government’s position?
The government has argued that the amendments are in line with the Rules that are in practice in Lok Sabha, the Upper House of the state legislature, and in the Assemblies of a several others states.
- It has also said that the amendments would put an end to horse-trading.
- The government said it was within the powers of the legislature to amend the Rules.
Why is the approval of the Governor required to elect the Speaker of the Assembly?
The date for the Speaker’s election is notified by the Governor.
As per Rule 6 of the Maharashtra Legislative Assembly Rules, “The Governor shall fix a date for the holding of the election and the Secretary shall send to every member notice of the date so fixed.”
- Therefore, the election of the Speaker can take place only after the Governor fixes the date for it.
So what is the way forward now?
The situation is very odd. While Rule 6 mandates that the Governor should fix the date for the election, the amendment says that the Governor should fix the date on the advice on the CM. It is a conflict between two constitutional entities.
- Sources in the government said it would explore legal options to see whether the election of the Speaker could be held without the consent of the Governor. But the former Secretary of the House said it would be difficult to hold the election.
Know more about Speaker’s roles and functions here.
Insta Curious:
Did you know that the Constitution does not specify the process of holding these elections? That is left to the state legislatures. It also does not set a timeframe other than to say the elections should be held “as soon as may be”.
InstaLinks:
Prelims Link:
- Election of Speaker.
- Functions.
- Powers.
- Removal.
- Grounds for removal.
- Committees he is associated with.
Mains Link:
Discuss the roles and functions of the Speaker.
Sources: Indian Express.
[ad_2]