Context:
- The Deputy Speaker's post has remained vacant for six years, raising concerns about constitutional compliance and democratic strength.
Election and Tenure of the Deputy Speaker
- Article 93 of the Constitution mandates that the Lok Sabha shall elect both a Speaker and a Deputy Speaker from among its members "as soon as may be," although it does not prescribe a specific timeframe for such elections.
- Article 94 stipulates that the Deputy Speaker shall continue in office until resignation, removal, or disqualification, thereby emphasizing the continuity and enduring nature of the role.
Election Process
- The date for the election of the Deputy Speaker is determined by the Speaker of the Lok Sabha and formally communicated to members through a parliamentary bulletin.
- The election is conducted by means of a ballot vote.
Tenure and Removal
- The Deputy Speaker holds office until the dissolution of the Lok Sabha, unless removed earlier by a resolution passed by a majority of the members of the House.
- The office is also deemed vacant if the Deputy Speaker ceases to be a Member of Parliament.
- In the event of a vacancy, the members of the Lok Sabha may proceed to elect a new Deputy Speaker.
Position in Order of Precedence
- In the official order of precedence, the Deputy Speaker ranks tenth, on par with the Deputy Chairman of the Rajya Sabha, Union Ministers of State, and members of the erstwhile Planning Commission.
Powers, Functions, and Privileges of the Deputy Speaker
- The Deputy Speaker assists the Speaker in the management and administration of the Lok Sabha’s proceedings.
- In the absence of the Speaker, or when the office is vacant, the Deputy Speaker presides over the House and exercises all functions vested in the Speaker.
- When nominated to any parliamentary committee, the Deputy Speaker automatically assumes the chairmanship of that committee.
Participation in Debates and Voting
- Unlike the Speaker, the Deputy Speaker retains the right to participate in debates and vote on issues when the Speaker is presiding.
- However, while presiding over the House, the Deputy Speaker may only cast a vote to break a tie.
Conventions and Financial Independence
- By established convention, the Deputy Speaker, like the Speaker, refrains from sponsoring Bills or motions, and does not raise parliamentary questions.
- The Deputy Speaker’s salary is charged on the Consolidated Fund of India and is not subject to parliamentary approval, ensuring financial independence.
Constitutional Authority under Articles 95 and 96
- Article 95 empowers the Deputy Speaker to maintain order, discipline, and to adjourn the House in the absence of the Speaker.
- Article 96 provides that during debates on a motion for the Deputy Speaker’s removal (which requires a 14-day prior notice), the Deputy Speaker shall not preside but may participate in voting, except casting the deciding vote in the event of a tie.
Parliamentary Convention
- While the Speaker is traditionally drawn from the ruling party, the Deputy Speaker’s position has conventionally been offered to a member of the Opposition.
- This informal convention is designed to promote cooperation and balance within the parliamentary framework.
Absence in Successive Lok Sabhas
- The Government did not appoint a Deputy Speaker during the 17th Lok Sabha (2019–2024), and indications suggest a similar stance for the 18th Lok Sabha.
- This persistent vacancy is indicative of a failure to reach consensus between the ruling party and the Opposition, reportedly due to the government’s reluctance to offer the post to the Opposition.
Constitutional and Procedural Violations
- The extended vacancy contravenes constitutional provisions, including Articles 93, 94, and 180.
- It also violates Rule 8 of the Lok Sabha Rules of Procedure (1952), which mandates that the election of the Deputy Speaker be held on a date fixed by the Speaker following a formal motion.
Constitutional Implications of the Deputy Speaker’s Vacancy
Misinterpretation of Article 93
- Although Article 93 requires the election of a Deputy Speaker “as soon as may be,” the absence of a prescribed timeline has resulted in prolonged delays.
- This undermines the constitutional intent and risks creating a governance vacuum.
Erosion of Democratic Balance
- Conventionally, the Deputy Speaker’s post is allocated to the Opposition to ensure power-sharing and safeguard democratic principles.
- Its continued vacancy concentrates authority in the Speaker—typically affiliated with the ruling party—thereby disrupting the balance between the Government and the Opposition.
Threat to Parliamentary Stability
- The Indian parliamentary system, modeled on the Westminster tradition, relies on structured debate and mutual accountability.
- The absence of a Deputy Speaker weakens the system’s resilience, particularly in instances of the Speaker’s resignation or incapacitation, which could precipitate a constitutional crisis.
Undermining Consensus-Driven Politics
- By disregarding the convention of offering the Deputy Speaker’s role to the Opposition, the spirit of cooperative and consensus-based governance is eroded, undermining the core values of parliamentary democracy.