GS 2

Deputy Speaker

Syllabus: Appointment to various Constitutional posts, powers, functions, and responsibilities of various Constitutional Bodies.

Source: Indian Express

A petition has been filed in the Supreme Court drawing attention to the unfilled positions of Deputy Speakers in the Lok Sabha and five state assemblies for several years. The Supreme Court has responded by issuing notices on the matter.

• The petitioner has argued that this vacancy has created a situation where the democratic process is being impeded, as the legislative bodies are unable to function to their full capacity.
• The petitioner has requested that the Supreme Court intervene and direct the concerned authorities to fill the vacant positions at the earliest.

What are the constitutional provisions regarding Deputy Speaker?

• The Constitution of India includes specific provisions regarding the post of Deputy Speaker in both the Lok Sabha and the state legislative assemblies.
• Article 93 of the Constitution establishes the position of Deputy Speaker of the Lok Sabha, with Articles 94-96 detailing their appointment, removal, and powers.
• In the absence of the Speaker, the Deputy Speaker assumes the role of the Speaker and wields the same powers as the Speaker. It’s important to note that the Deputy Speaker is not subordinate to the Speaker and is directly responsible to the House.
• Similarly, Article 178 of the Constitution establishes the post of Deputy Speaker in state legislative assemblies, with Articles 179-181 dealing with their powers and appointment or resignation.
• The Deputy Speaker in the state assemblies performs the same duties and responsibilities as the Deputy Speaker in the Lok Sabha.
• These constitutional provisions emphasize the importance of the position of Deputy Speaker in the effective functioning of the legislative bodies.
• The Deputy Speaker acts as a crucial link between the Speaker and the House, ensuring the smooth functioning of the democratic process.
• It is imperative that these positions are filled in a timely manner to avoid any obstructions in the functioning of the legislative bodies.

Is it mandatory to have a Deputy Speaker?

• As per the Constitution of India, it is mandatory to have a Deputy Speaker in both the Lok Sabha and the state legislative assemblies.
• Constitutional experts point out that both Articles 93 and 178 use the word “shall,” indicating that the election of Speaker and Deputy Speaker is mandatory under the Constitution.
• The Deputy Speaker holds a crucial position in the functioning of the legislative bodies, especially in the absence of the Speaker. They preside over the proceedings of the House and help maintain discipline and order.

Do the powers of the Speaker extend to the Deputy Speaker as well?

• According to Article 95(1) of the Constitution of India, the Deputy Speaker has the same powers as the Speaker when presiding over a sitting of the House.
• In the event that the office of Speaker is vacant, the duties of the office are to be performed by the Deputy Speaker.
• This means that all references to the Speaker in the Rules are deemed to be references to the Deputy Speaker when they are presiding over the House.

What is the position of the Union government on the current vacancy in the post of Deputy Speaker?

• As per reports, the Union government has maintained that there is no “immediate requirement” to fill the vacancy in the post of Deputy Speaker as bills are being passed and discussions are being held as normal in the House.
• A Minister has reportedly argued that there is a panel of nine members, who are senior, experienced, and selected from different parties, that can act as chairpersons to assist the Speaker in running the House.
• However, it is not yet clear what steps the government plans to take to fill the vacant post of Deputy Speaker.

Can the courts intervene in cases of a delay in electing the Deputy Speaker?

• According to Article 122(1) of the Constitution, the validity of any proceedings in Parliament cannot be challenged on the ground of any alleged irregularity of procedure.
• However, constitutional experts have opined that the courts can at least inquire into the reasons for the delay in electing a Deputy Speaker since the Constitution mandates an election “as soon as may be“.
• This suggests that the courts do have the jurisdiction to intervene in cases of a delay in electing a Deputy Speaker.

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