Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.
Approach · directive: “discuss”
What it asks · Explain how Speakers and Chairmen keep order, act impartially and promote healthy democratic practice in State legislatures, and where they fall short.
It asks 3 things — answer each
- Discuss: how presiding officers maintain order in the House
- Discuss: how they secure impartiality in conducting legislative work
- Discuss: how they facilitate best democratic practices, where they fall short, and the way forward
Open with · Article 178 requires every Legislative Assembly to choose a Speaker, who, though elected on a party ticket, must act as the neutral custodian of the House's rules and every member's rights.
Cover
- Order: interpreting rules, points of order, admissibility, decorum, suspension; Article 212 bars courts from questioning proceedings for procedural irregularity.
- Impartiality: casting vote only in a tie (Article 189); removal only by a majority of all the then members (Article 179).
- Quasi-judicial duties: certifying Money Bills and deciding defection under Tenth Schedule paragraph 6, subject to judicial review (Kihoto Hollohan, 1992).
- Democratic practice: Business Advisory Committee, committee referral of Bills, protection of opposition time.
- Shortcomings: state legislatures met for 22 days on average in 2023 (PRS); partisan defection rulings, mass suspensions, unscrutinised Bills.
- Way forward: Supreme Court (2020) urged defection rulings within three months and an independent tribunal; minimum sittings and codes of conduct.
Close with · A Speaker's authority rests on being seen as fair; an independent tribunal for defection cases would free the office to serve the whole House.
Add value (verified)
- Paragraph 6 of the Tenth Schedule makes the Speaker or Chairman the deciding authority on disqualification for defection, a quasi-judicial role that tests impartiality.The Constitution of India (as on 1 May 2024), Tenth Schedule, paragraph 6(1) - Legislative Department ↗“the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final”
- Article 178: every Legislative Assembly shall choose two members to be its Speaker and Deputy Speaker.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 178 ↗“Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof”
- Article 179(c): removing the Speaker needs an Assembly resolution backed by a majority of all its then members, after at least fourteen days' notice.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 179 ↗“may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given”
- Article 189(1): the Speaker or Chairman does not vote in the first instance but has a casting vote in a tie.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 189 ↗“shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) A House of the Legislature”
- Article 212(1): courts cannot question the validity of proceedings in a State Legislature on the ground of procedural irregularity.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 212 ↗“The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure.”
- PRS Annual Review of State Laws 2023: state legislatures met for an average of 22 days in 2023, each sitting lasting about five hours.Annual Review of State Laws 2023 - PRS Legislative Research ↗“In 2023, state legislatures met for an average of 22 days, and each sitting lasted for five hours on average.”
Question: UPSC's CS (Main) 2023, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 225words · Minimalist IAS
Article 178 requires every Assembly to choose a Speaker who, though elected on a party ticket, must act as neutral custodian of the House's rules and members' rights.
Presiding officer: Order; Impartiality; Quasi-judicial duties; Deliberation
Maintaining order in the House
- Rules and rulings: interprets rules; decides points of order and admissibility of motions.
- Decorum: expunges unparliamentary words, suspends disorderly members, adjourns a House that cannot function.
- Final word on procedure: courts cannot question Assembly proceedings for procedural irregularity (Article 212).
Impartiality in conducting legislative work
- Casting vote: the Speaker votes only to break a tie (Article 189).
- Security of office: removal needs a majority of all the then members (Article 179).
- Quasi-judicial duties: certifies Money Bills and decides defection under Tenth Schedule paragraph 6, subject to judicial review (Kihoto Hollohan, 1992).
Facilitating best democratic practices
- Deliberation: sets business via the Business Advisory Committee, refers Bills to committees and protects opposition time.
Where they fall short
- Few sittings: state legislatures met only 22 days on average in 2023 (PRS).
- Partisan conduct: delayed defection rulings, mass suspensions, Bills passed without scrutiny.
Way forward
- Reforms: the Supreme Court (2020) urged defection rulings within three months and an independent tribunal; also minimum sittings and codes of conduct.
A Speaker's authority rests on being seen as fair; an independent defection tribunal would free the office to serve the whole House.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
