Goa Legislative Assembly

I wish to bring to the notice of the House that it is the duty of the Speaker to preserve the orderly conduct of debates. I need not emphasize that the Speaker is empowered to regulate the disorder in the House. If there is grave disorder in the House the Speaker is forced to take appropriate action to bring the House in order. While doing so, the Speaker is bound to give Rulings/Decisions deemed fit. The interpretation of Rules as well as their application to specific situation and circumstances is the prerogative of the Speaker. With respect to the discharge of duties, powers and functions, the Speaker is not answerable and is not expected to give reasons for his decisions which cannot be challenged by any Member. I would like to bring to the notice of the House that Members cannot use offensive expression, attributing motives to the chair. Any such expressions are deprecated. If anybody disregards the authority and the chair, the Speaker is forced to take action as per Rules.

 Briefly speaking the powers of the Speaker are of the following category

1) Administrative powers

2) Regulatory powers

 3) Censoring powers

5) Judicial powers

6) Police powers

7) Residuary powers

I may also make a mention that Speaker can regulate the issue of passes to the official gallery, public gallery, press gallery etc. The regulatory power of Legislature vests with the Speaker. As such I have exercised my regulatory power and took a decision to restrict telecasting the proceedings of the House. The matter of telecasting the proceedings of the House in the State legislatures is still under consideration. 

My decision on the above issue has been questioned by Leader of the Opposition which is reported in the Gomantak Times (Daily)  on  14/7/2006  under  the  caption  “Speaker  restricts electronic media coverage”. In the said Article it is mentioned

 that   “Leader   of   Opposition  Shri   Manohar  Parrikar  later describes the order as arbitrary, unilateral, dictatorial and undemocratic”. According to the well-established Parliamentary Practice and Procedure the decision of the Speaker is unquestionable. In this connection I quote from Practice and Procedure of Parliament (fifth Edition) page 278-

 S peeches or writings reflecting on the House, its Committee or Members: amounts to Breach of privilege and contempt of the House.Examples of speeches and writings which have been held to constitute breach of privilege and contempt of the House may be categorized as under-

“I would like to make a small observation  which  is  in  no  way  connected  to  the Supplementary Demands. I quote from Kaul and Shakdhar, Page 1023. The Budget estimates are forwarded to the Ministry of Finance for incorporation in the Union Budget, as a matter of course. The estimates are not subject to any examination by any, I am talking about what is happening in the Lok Sabha, so same thing I am requesting should happen in the Legislature Secretariat. I am just reading the Clause. Sir, the Budget estimates are forwarded to the Ministry of Finance for the incorporation in the Union Budget, as a matter of course. The estimates are not subject to any examination by any Departmental  Committee of  the Ministry of  Finance or  any other Committee of Parliament. In case the Ministry of Finance has any suggestion to make, it is submitted to the Speaker for his consideration and, broadly speaking a final decision acceptable to both is arrived at after discussion. In the unlikely event of any difference of opinion between the Speaker and the Ministry of Finance, the decision of the Speaker would normally prevail as it is for him to decide what is necessary for the Lok Sabha and its Secretariat in the efficient discharge of its responsibilities. Based on the Parliamentary Procedure the financial autonomy and Independent status is required to the Legislature Secretariat on par with Parliament and High Courts. We may dispense with the procedure of obtaining the approval of Director of Accounts. Instead we can appoint an Internal Financial Advisor, whose function is to conduct internal audit to authorize payment and maintain accounts of the Assembly Secretariat. I hope the House agrees with my views. If need be, the Government may take action to promulgate an Ordinance to accord Independent status and Financial status to the Legislature Secretariat”.