SEPERATION OF POWER VS SEPERATION OF FUNCTION; JUDICIAL ACTIVISM; ROLE OF SPEAKER; SPEAKER PRO-TEM
POWER CONCEPT :--
Long time back during the monarchy period, all the powers vested in the hand of only one person i.e. KING/QUEEN. And we all knew that power is intoxicant so, in order to gain more power that single authority, misuses the existing powers which pulls back the development of the STATE and welfare of people.
So, taking in views these all things, the Political Philosopher portraits that, if the STATE has to develop and think upon the welfare of the citizens/people then we must have to do something about the concentration of power.
Long time back, ARISTOTLE proposed that there shall not be concentration of power in only one hand. Lator on, MONTESQUIEU proposed that components of the STATE. He portraits that there are three three components of STATE: LEGISLATURE, EXECUTIVE, JUDICIARY. So, if the STATE wants to function smoothly then the power should not be vested in only one person. It must be distributed among the three components. i.e.
🐾 Legislature:- Only responsible to make laws.
🐾 Executive:- Only responsible to implement laws.
🐾 Judiciary:- Only responsible to interpret laws and Functioning as a Court.
If there arrises a Conflict Of Interest between different components of STATE. Hence, the Strict Barrier must be there between the components of the STATE.
One crucial mark is that if Strict Barrier is followed between the components then it is called Doctrine Of Seperation Of Powers which is obviously not present in India. But is there is a little bit dilution between the Seperation Of Powers (which is present in India) then it is called Doctrine Of Seperation Of Function. So, We can say that India has also adopted the Seperation Of Power but not in a strict sense, a little bit dilution is present over there so, it is known as Seperation Of Function.
In USA, we will find that there is a strict Seperation Of Power of the components of the STATE.
ARTICLE 50 :- Seperation Of Judiciary from the Executive.
After the Keshav Nanda Bharti Judgement of 24th April 1973, this is added to the Basic Structure Doctrine.
[ But one issue arrises, before 1973, the District Magistrate(DM) was given both the executive as well as Judicial power but after the Keshavananda Bharti Judgement, those powers of DM were violating the Basic Structure Doctrine. Hence, one act was passed named CRIMINAL PROCEDURE CODE (CrPC), 1973, in which the judicial powers were taken from the DM)
In India, the Functions of the components of the STATE is not completely defined so, in order to protect citizen and deliver justice, one component is allowed to enter into the other's domain. So, we can say that Barriers cannot be followed strictly especially in the country like India. And the cases which comes in front are
1)🔸VISHAKHA CASE.
2)🔸 ENVIRONMENT CASE, etc...
Judicial Activism: When the judges crosses its barrier in order to deliver justice and security to the citizens, then it is called Judicial Activism...
ROLES OF SPEAKER:--
ARTICLE 93 :- The house of the people (LS) shall, as soon as may be, choose two members of the house to be respectively SPEAKER and DEPUTY SPEAKER.
So, Article 93 is the Constitutional sanction to the office of the Speaker.
And also, when the Office of Speaker or Deputy Speaker becomes vacant, the house shall choose another member to be Speaker or Deputy Speaker. So, it is Constitutional mandate to have speaker and deputy speaker as the house of the people cannot function without the speaker and deputy speaker.
SPEAKER is the presiding Officer of the Lok Sabha and since it is Presiding Officer, it is a very powerful position (executive is responsible to Legislature).
We have taken this concept from the BRITISH PARLIAMENT or we can say we have taken it from BRITISH LEGACY.
Now, let's come up with the election of the Speaker:--
In Article 93, it has been given that the members of the Lok Sabha will choose their presiding officer as soon as possible.
The election for Deputy Speaker starts after the Speaker proclaims his/her Office. The election date of the Speaker is selected by the President on the recommendation of the UCOM headed by Prime Minister. But the election date for Deputy Speaker is choosen by the speaker itself.
The entire BUSINESS OF THE HOUSE (LS) is controlled by the Speaker only.....
👣 QUORUM: the minimum strength of the Lok Sabha for its effective Functioning i.e. 10% of the total members of the Lok Sabha. It is the Speaker only who decide about the quorum and if it is not available then he /she signs a SIMPLE ADJOURNMENT MOTION stating the further day/date/time for the reassembly.
👣It is the Speaker only ho decide whom to be given chance to Speak and how much time. What to be discussed in the Parliament and so on...
👣One more thing, the VOTE OF THANKS is also passed by the Speaker of the Lok Sabha and ADJOURNMENT SIGN DIE is also signed by the Speaker to show that all the business of the house for that session is completed.
👣Lok Sabha Secretariat is finally responsible to the Speaker.
👣Lok sabha Parliamentary Committee which is very essential part of the house is appointed by the speaker of the Lok Sabha.
👣The certification of a bill to a Money Bill is given by the Speaker of the Lok Sabha.
👣During deadlock, there must be Joint Session as mentioned in Article 108 and the presiding officer of the joint session is always the Speaker of the Lok Sabha as mentioned in Article 118.
After the Lok Sabha get dissolve, the office of the Speaker continues its Functioning. And on the 1st day of new Lok Sabha, the old house of the Speaker get dissolve and a Speaker pro-tem is choosen from the senior members of the Lok Sabha. President administer the oath of the Speaker Pro-Tem and it is he who is responsible to the election of the Speaker and also administer the oath of the members of the Lok Sabha.
Speaker also appoints a six members panel of chairman from the members of the Lok Sabha and their function is to perform as presiding officer in the absence of Speaker and Deputy Speaker (offcourse one of the six members).
Removal of the Speaker is not done instantly. He must be given 14-days prior notice and after that he will be no longer a presiding officer. In this motion, he can vote at first instance but not in the case of tie breaker ( i.e. casting vote)..
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