The position of the Deputy Speaker has been lying vacant for the last six years raising questions on constitutional adherence and democratic resilience.
Constitutional Foundation
- Lok Sabha needs: Speaker (Ruling Party) + Deputy Speaker (Opposition)
- Article 93: Both must be elected “as soon as may be
- Article 94: Deputy Speaker serves until resignation/removal/disqualification
- Article 180: Deputy Speaker gets full control when Speaker absent
- Role: Continuity & neutrality protector, not just backup
Main Responsibilities
- Functions: Runs House when Speaker in in elections/travel
- Roles: Chairman of Private Member Bills Committee , Key role in Budget Committee & sensitive debates .
- Example: 2011-Karia Munda ran House when Meira Kumar went to UK
- Ensuring continuity: Ensures parliamentary democracy continuity
Democratic Convention
- Convention: Speaker (Ruling) + Deputy Speaker (Opposition) . Like cricket umpires – neutral to both teams
- Voice of Opposition: Opposition gets voice & alternative perspective
- Prevents: Prevents majoritarian dominance in proceedings
- Mutual Respect: Creates mutual respect & cooperation between parties
Current Crisis
- Unprecedented Vacancy : 17th Lok Sabha (2019-2024): No Deputy Speaker for 6 years
- 18th Lok Sabha (2024-2029): Trend continues
- Rule 8: Election when Speaker fixes date but dates not fixed
- First time in 75 years: 2 consecutive terms without Deputy Speaker . Creates institutional crisis & breaks democratic tradition
Historical Practice
- 1952: M.A. Ayyangar (Opposition) – First Deputy Speaker
- 1991: Shivraj Patil (Speaker) + Suraj Bhan (Deputy Speaker)
- Till 2019: Every Lok Sabha had Deputy Speaker until 2019
- Bipartisan support: Showed bipartisan cooperation across governments
- Erosion: Current trend erosion of 7-decade tradition
Government’s Stand
- Lack of Consensus: No consensus with Opposition , No suitable candidate available
- No deadline: Article 93 has no deadline “As soon as may be flexible timing
- Reality: Don’t want to share House control
Impact of Vacancy of the office
- Constitutional Violations : Article 93 Misinterpretation “As soon as may be urgency, not convenience . Government interpretation: “whenever convenient”
- Framers intended immediate complete infrastructure
- Delay mocks constitutional spirit Sets dangerous precedent for selective compliance
- Majoritarian Control : Speaker (Ruling) + No Deputy Speaker Complete government control
- Elimination: Eliminates institutional checks & balances
- Neutral Arbitrator: Opposition loses neutral arbitrator . Parliament becomes rubber stamp vs deliberative body
- Undermining: Undermines minority rights protection
- Convention Breakdown: Westminster system: Opposition gets significant positions India built on British power-sharing conventions
- Regression: Past practice showed democratic maturity . Current violation democratic regression
- Institutional insecurity: Signals institutional insecurity of ruling party
- Emergency Crisis: An emergency crisis could trigger an institutional vacuum if the Speaker resigns or is incapacitated, leaving no one to preside over the House.
- In such a case, emergency sessions may face a procedural deadlock, potentially paralyzing Parliament during a national crisis.
- The absence of a predetermined succession plan highlights the dangers of neglecting constitutional mandates.
Way Forward
- Immediate Actions: The Speaker must fix an election date as per Rule 8 without delay. Consensus-building through dialogue is critical.
- The Government must prioritize constitutional compliance, while the Opposition should present suitable candidates.
- Above all, it must be recognized: constitutional mandates are not optional.
- Codification Needed: Formally codify the convention that the Speaker from Ruling Party, Deputy Speaker from Opposition
- Timeline: Establish a constitutional timeline for Speaker and Deputy Speaker elections
- Precedents: Create enforceable precedents to ensure continuity and accountability
- Empowering a Committee: Empower a Parliamentary Committee to review and strengthen procedural safeguards
- Constitutional Amendment: Consider a constitutional amendment to mandate opposition representation in key posts
- Judicial Role: The Supreme Court must interpret the phrase “as soon as may be”. Define clear limits on permissible delay in constitutional appointments
- Act to protect democratic institutions from executive inaction
- Establish that constitutional mandates are justiciable, not discretionary
- Reinforce the principle of constitutional supremacy in governance
- Democratic Discourse: Civil society must actively raise public awareness
- Media: Media should consistently highlight constitutional violations
- Citizens: Citizens must demand strict constitutional compliance.
Conclusion
Academia should educate the public on the importance of the Deputy Speaker and build momentum to create political cost for continued violations
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