Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within

"Once a Speaker, Always a Speaker"

 #PYQ2020 UPSC

#Polity GS Paper 2

Q. ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (150 words, 10 marks)


The phrase "Once a Speaker, Always a Speaker" encapsulates a proposed practice designed to enhance the impartiality and objectivity of the Speaker of the Lok Sabha, the lower house of India's Parliament. It suggests that once an individual has held the position of Speaker, they should not re-enter active party politics. Below, I outline this practice's primary benefits and challenges, along with a relevant global example.




Potential Benefits:

1. Impartiality
   The proposed restriction would help ensure that the Speaker remains neutral, reinforcing their role as an unbiased arbiter in parliamentary proceedings.

2. Strengthening Democracy
   A non-partisan Speaker can facilitate fairer debates, contributing meaningfully to the democratic process by maintaining equitable treatment of all viewpoints.

3. Enhanced Credibility
   Perceiving the Speaker as an impartial figure can significantly boost public trust in the parliamentary system, fostering greater confidence in democratic institutions.

Potential Challenges:

1. Career Limitations
   Implementing this practice may restrict the political careers of those who serve as Speaker, as they would not have the option to return to active party roles.

2. Reduced Incentives
   The understanding that a speaker cannot rejoin their party could deter qualified individuals from accepting the position, potentially leading to a pool of candidates that lacks political engagement.

3. Detachment from Political Realities:
   A Speaker who is permanently removed from active politics might become disconnected from the evolving political landscape, which could impact their effectiveness and responsiveness to contemporary issues.

 Global Example:

In the United Kingdom, a convention exists whereby individuals appointed as Speaker formally resign from their political party, effectively becoming non-partisan. This practice has been integral to maintaining the impartiality of the Speaker role, ensuring that their constituency remains unchallenged during elections.

Conclusion:

This concept of "Once a Speaker, Always a Speaker" seeks to balance the need for impartiality with the realities of political careers and the dynamic nature of parliamentary leadership. It invites careful consideration of how best to maintain the integrity of parliamentary democracy while recognizing the importance of experienced and engaged leadership. 

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Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986