Knowledge Nugget: Lok Sabha deputy speaker — What you must know for UPSC Exam

Why in the news?

Congress president Mallikarjun Kharge on Tuesday (June 10) urged Prime Minister Narendra Modi to urgently initiate the process of electing a deputy speaker of the Lok Sabha, underlining the ongoing delay in the matter despite constitutional provisions for it. In a letter to PM Modi, Kharge pointed out that each Lok Sabha, from the first to the sixteenth, had seen the appointment of a deputy speaker in both Houses of Parliament, adding that it had also been a “well-established convention” to appoint the person from among the members of the principal Opposition party.

Key Takeaways :

1. Article 93 of the Constitution of India states that “The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker”.

2. The Constitution does not specify a time frame for making the appointments. It is this gap in the provision that allows governments to delay or avoid appointing a Deputy Speaker.

However, constitutional experts have pointed out that both Article 93 and Article 178 use the words “shall” and “as soon as may be” – indicating that not only is the election of the Speaker and Deputy Speaker mandatory, it must be held at the earliest.

3. According to Article 95(1), the Deputy Speaker performs the duties of the Speaker if the post is vacant. The Deputy Speaker has the same general powers as the Speaker when presiding over the House. All references to the “Speaker” in the Rules are deemed to be references to the Deputy Speaker as well for the times when he or she presides.

Election of the Deputy Speaker

1. The Deputy Speaker is elected from among the Lok Sabha members by a simple majority of members present and voting.

2. The election of the Deputy Speaker usually takes place in the second session, even though there is no bar on having this election in the first session of the new Lok Sabha or Assembly. But the election of Deputy Speaker is generally not delayed beyond the second session unless there are some genuine and unavoidable constraints.

3. In the Lok Sabha, the election of Deputy Speaker is governed by Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha. According to Rule 8, the election “shall be held on such date as the Speaker may fix”. The Deputy Speaker is elected once a motion proposing his or her name is carried. Once elected, the Deputy Speaker usually continues in office until the dissolution of the House.

4. Under Article 94 the Speaker or Deputy Speaker “shall vacate his office if he ceases to be a member of the House of the People”. They may also resign (to each other), or “may be removed from office by a resolution of the House of the People passed by a majority of all the then members of the House”.

Panel of Chairpersons of Lok Sabha

As per Rule 9 of the Rules of Procedure and Conduct of Business in Lok Sabha, “at the commencement of the House or from time to time, as the case may be, the Speaker shall nominate from amongst the members a panel of not more than ten Chairpersons, anyone of whom may preside over the House in the absence of the Speaker and the Deputy Speaker when so requested by the Speaker or, in the absence of the Speaker, by the Deputy Speaker.”

Speakers and Deputy Speakers in the state Assemblies

1. Article 178 contains the corresponding provision for the Speakers and Deputy Speakers in the state Assemblies. It says, “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, and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.”

2. Article 179 talks about the ‘Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker ‘ in state legislative assembly. It says, the Speaker or Deputy Speaker “shall vacate his office if he ceases to be a member of the House of the People”. They may also resign (to each other), or “may be removed from office by a resolution of the House of the People passed by a majority of all the then members of the House”.

BEYOND THE NUGGET: Deputy Chairman of Rajya Sabha

1. The Deputy Chairman is a constitutional position created under Article 89 of the Constitution, which specifies that Rajya Sabha shall choose one of its MPs to be the Deputy Chairman as often as the position becomes vacant. The office becomes vacant either by resignation or removal from office or when the Rajya Sabha member’s term gets over.

2. The Deputy Chairman is the one position that is elected solely by members of Rajya Sabha. It is a critical position not just because s/he steps in when there is a vacancy in the office of Chairperson/Vice President but also because s/he plays a critical role in ensuring the smooth running of the House.

Post Read Question

Consider the following statements: (UPSC CSE 2018)

1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.

2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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