In recent news, the Uttar Pradesh Assembly has elected a new Deputy Speaker from its Member of Legislative Assembly (MLA). This event sheds light on the vital constitutional provisions governing such elections. Article 93 of the Indian Constitution paves the way for the election of both the Speaker and Deputy Speaker of the Lok Sabha. Similarly, Article 178 establishes the position of Speaker and Deputy Speaker in the Legislative Assembly of a state.
The Origin and Election of the Deputy Speaker
The Deputy Speaker, an essential functionary in the Lok Sabha, is elected by its members immediately after the Speaker’s election. The election dates for the Speaker and Deputy Speaker are set by the President and Speaker, respectively. The roles of Speaker and Deputy Speaker in India originated in 1921 under the Government of India Act of 1919, known as the Montague-Chelmsford Reforms. However, these positions were initially referred to as the President and Deputy President until 1947.
Time Frame and Rules of Election
Historically, the Lok Sabha and the State Legislative Assemblies have elected the Speaker during the first session of the new House, typically within the first three days following the oath-taking ceremonies. Although there are no restrictions, the election of the Deputy Speaker generally takes place in the second session to not delay beyond it without valid reasons. The Deputy Speaker’s election in the Lok Sabha is overseen by Rule 8 of The Rules of Procedure and Conduct of Business in Lok Sabha, and the elected candidate remains in office till the House’s dissolution.
Term of Office and Conditions for Removal
Generally, like the Speaker, the Deputy Speaker serves for the life of the Lok Sabha, which is five years. However, the Deputy Speaker’s term may, in some cases, end prematurely, if they cease to be a member of the Lok Sabha, resign by writing to the Speaker, or are removed by a resolution passed by the majority of the Lok Sabha members. For this kind of resolution, an advance notice of 14 days is required. The procedure for removal in the State Assembly mirrors that of the Lok Sabha.
Responsibilities and Powers of the Deputy Speaker
According to Article 95 of the constitution, the Deputy Speaker steps into the Speaker’s roles when the office is vacant or when the Speaker is absent from the House’s sitting. They also preside over the joint sitting of both Houses of Parliament when the Speaker is not present. One significant privilege that comes with the position of the Deputy Speaker is the automatic chairmanship of any parliamentary committee they join.
The Deputy Speaker and Tenth Schedule (Exception)
Para 5 of the Tenth Schedule, also known as the anti-defection law, states that a person elected as Speaker/Deputy Speaker will not be disqualified if they voluntarily give up membership of the political party they belonged to before the election, and do not rejoin that party or join another while holding office. This exemption also applies to the Rajya Sabha Deputy Chairman, Chairman/Deputy Chairman of a state Legislative Council, Speaker/Deputy Speaker of a state Legislative Assembly.
