Understanding the position of speaker and Deputy speaker, along with the provisions for Presiding Officers Of the parliament, is crucial to understanding the dynamics of our legislative system. These roles hold significant weight in the functioning and decision-making within the house. Recently, the absence of a Deputy Speaker in the 17th Lok Sabha, since 2019, has roused concerns about the potential violation of constitutional spirit and norms. The Supreme Court has now sought a response from the Centre on this Public Interest Litigation (PIL).
Lack of Deputy Speaker in State Assemblies
Five state Assemblies including Rajasthan, Uttarakhand, Madhya Pradesh, Uttar Pradesh, and Jharkhand also lack a deputy speaker. The vacant post questions the constitutional provisions and their execution at the state level.
Constitutional Provisions
Article 93 and Article 178 are the two main constitutional articles that provide a directive for electing the Speaker and Deputy Speaker of the House of People (Lok Sabha) and Legislative Assembly of a state respectively. Although these articles mandate these elections, they do not specify a time frame for it.
Divergent Views on the Issue
The matter has drawn different viewpoints. Experts emphasize the mandatory nature of these elections due to the constitutional use of the term “shall”. However, the Union Government contends that there is no immediate need for a Deputy Speaker since normal proceedings of the house are under progress, assisted by a panel of nine members from varying parties.
The Judiciary’s Role
While Article 122 prevents questioning the validity of parliamentary procedures based on alleged irregularities, experts argue that the judiciary can still scrutinize the reasons why the Deputy Speaker’s elections have been delayed.
The Deputy Speaker’s Role: Election and Tenure
The Deputy Speaker of Lok Sabha is elected among its members following the Speaker’s election. Under Rule 8 of The Rules of Procedure and Conduct of Business in Lok Sabha, this position is usually held for five years unless he/she ceases to be a member, resigns, or is removed through a majority resolution.
Positional Power of the Deputy Speaker
Under article 95, when the Speaker’s office is vacant or the Speaker is absent, the Deputy Speaker assumes all the powers of the Speaker, being directly accountable to the House. In case of resignation, the Speaker submits his/her resignation to the Deputy Speaker.
The Necessity for a Deputy Speaker
The presence of a Deputy Speaker is crucial as it maintains continuity, represents the house during the Speaker’s absence, and strengthens the opposition by offering them representation. Since 2011, it has been a convention to offer the position of deputy Speaker to an Opposition party, though they can be from either the Majority or Opposition party.
Examination Questions related to the Office of Deputy Speaker
The role and provisions regarding the Speaker and Deputy Speaker have been significant topics under the Civil Services Examination, with questions revolving around their election, tenure, and resignation processes. These examinations test candidates’ understanding of these offices’ constitutional provisions and practical implications.
The position of deputy speaker holds immense importance in maintaining the functional integrity and spirit of the parliament. The current situation raises pressing questions on the adherence to constitutional norms and system checks and necessitates timely elections for such crucial positions.