The Deputy Speaker post, vacant since May 2019 through the entire 17th Lok Sabha, remains unfilled 10 months into the 18th Lok Sabha, marking a constitutional anomaly.

About Deputy Speaker of Lok Sabha

• The Deputy Speaker of Lok Sabha holds the 10th position in the official Order of Precedence of India.
• This position is shared with:
  • Deputy Chairman of Rajya Sabha
  • Ministers of State in the Union Council of Ministers
  • Members of the former Planning Commission (when it existed)

Constitutional Provisions

• Article 93 — Speaker and Deputy Speaker of the House of the People
  • Mandate: The Lok Sabha must elect two of its members — one as Speaker and one as Deputy Speaker — as soon as possible. 
    • If either post becomes empty later, the House must quickly elect someone else to fill it
• Article 94 — Vacation, Resignation, and Removal
  • Vacating the Office: If the Deputy Speaker ceases to be a Member of Lok Sabha.
  • Resignation: Can resign by writing to the Speaker.
  • Removal: Can be removed by a resolution passed by a majority of all the then members of the House (i.e. Effective Majority).
    • 14 days’ notice must be given before moving the resolution.
• Article 95 — Duties of the Deputy Speaker
  • During Vacancy (Article 95(1)): If the Speaker’s office becomes vacant, the Deputy Speaker performs all the duties of the Speaker.
  • During Absence (Article 95(2)): If the Speaker is absent from any sitting, the Deputy Speaker acts as the presiding officer.
  • Powers: Holds all the powers and privileges of the Speaker when presiding.
• Article 96 — Restriction During Motion for Removal
  • When a resolution for the removal of the Deputy Speaker is under consideration:
    • The Deputy Speaker cannot preside over the session.
    • However, he/she can participate in debate and vote initially but cannot cast a tie-breaking vote.
• Article 97 — Salaries and Allowances
  • The Deputy Speaker’s salary and allowances are fixed by Parliament.
  • Until Parliament provides otherwise, they are paid as per the Second Schedule of the Constitution.
  • Charged on the Consolidated Fund of India (i.e., not subject to vote of Parliament).
• Rules of Procedure and Conduct of Business in Lok Sabha
  • Rule 8: The Speaker fixes the date for the election of the Deputy Speaker.
    • Election is held via a simple majority of members present and voting.

Functional Role of the Deputy Speaker of Lok Sabha

• Presiding Over House Proceedings
  • Acts as Speaker in Absence: Presides over Lok Sabha sessions when the Speaker is unavailable.
  • Maintains Order: Ensures decorum, regulates debates, and enforces parliamentary rules.
  • Decides on Points of Order: Rules on procedural matters raised by MPs during discussions.
• Legislative Functions
  • Casting Vote: Exercises a casting vote in case of a tie during voting on bills/resolutions (when presiding).
  • Committee Oversight: Automatically becomes Chairman of any parliamentary committee they are a member of (e.g., Private Members’ Bills Committee).
  • Joint Sittings: Presides over joint sessions of Parliament if the Speaker is absent (as per Rules of Procedure and Conduct of Business in Lok Sabha).
• Administrative Duties
  • Assists Speaker: Shares workload in managing House business, including scheduling debates and votes.
  • Represents Lok Sabha: Officially represents the House in ceremonial events and diplomatic engagements.
• Constitutional Safeguard
  • Continuity of House: Ensures uninterrupted parliamentary functioning if the Speaker’s office is vacant (e.g., resignation, death).
  • Emergency Role: Steps in during crises (e.g., Speaker’s sudden incapacitation).
• Quasi-Judicial Powers
  • Disqualification Cases: Can adjudicate anti-defection cases (10th Schedule) if acting as Speaker.
  • Rulings on Privileges: Decides on breaches of parliamentary privilege when presiding.
• Participation in Debates
  • Unlike the Speaker, the Deputy Speaker can:
    • Speak in debates (when not presiding).
    • Vote as a regular MP (except when chairing proceedings).

Institutional Importance of the Deputy Speaker of Lok Sabha

• Upholds Constitutional Democracy
  • Mandated by Article 93: Reflects framers’ intent to ensure uninterrupted parliamentary functioning.
  • Checks & Balances: Prevents over-centralization of power with the Speaker/ruling party.
• Symbol of Bipartisanship
  • Opposition Representation: Conventionally offered to Opposition (since 11th Lok Sabha), fostering inclusivity.
  • Consensus-Building: Encourages cross-party cooperation in legislative processes.
• Safeguards Parliamentary Continuity
  • Institutional Redundancy: Ensures seamless transition during Speaker’s absence/vacancy (e.g., death, resignation).
  • Crisis Management: Critical in emergencies (e.g., sudden dissolution, political instability).
• Strengthens Legislative Accountability
  • Neutral Arbiter: Balances power dynamics by providing an alternative presiding authority.
  • Oversight Role: Chairs key committees (e.g., Private Members’ Bills), ensuring diverse voices are heard.
• Reinforces Democratic Norms
  • Convention vs. Compliance: Vacancy signals erosion of unwritten parliamentary traditions.
  • Judicial Scrutiny: SC interventions (e.g., 2023 PIL) highlight constitutional sanctity of the post.
• Comparative Perspective
  • Global Practices: Similar roles in UK/Commonwealth Parliaments emphasize institutional resilience.
  • State Assemblies: Mirror constitutional mandate (Article 178), underscoring pan-India importance.

Historical Context and Evolution of the Deputy Speaker’s Role in India

• Colonial Origins (1919–1947)
  • Government of India Act, 1919: Established the office of Deputy President in the Central Legislative Assembly (renamed Deputy Speaker under the Government of India Act, 1935).
  • First Deputy President: Sachidanand Sinha appointed in 1921 by the British Governor-General.
  • Nature of Role: Largely ceremonial, assisting the Speaker in presiding over legislative sessions.
• Framing the Constitution (1947–1950)
  • Constituent Assembly Debates: Recognized the Deputy Speaker as a critical element for continuity of parliamentary proceedings.
  • Ambedkar’s Intervention: Stressed the need for an independent and impartial Deputy Speaker, parallel to the Speaker.
  • Article 93 Finalized: Made it mandatory for Lok Sabha to elect a Speaker and Deputy Speaker “as soon as may be,” rejecting any proposal of nomination by the Speaker.
• Early Post-Independence Practice (1950s–1970s)
  • First Deputy Speaker of Lok Sabha: M. Ananthasayanam Ayyangar elected in 1952, setting the institutional precedent.
  • Initial Phase: The post generally remained with the ruling party during the Congress-dominant era.
  • Beginning of Convention: In 1969, G.G. Swell, an Independent MP, became Deputy Speaker under Congress rule, initiating the informal tradition of offering the post to the Opposition.
• Assertion During Political Turbulence (1970s–1980s)
  • Emergency Period (1975–77): Highlighted the Deputy Speaker’s potential role in upholding democratic norms amidst constitutional crisis.
  • Democratic Restoration: Post-Emergency, greater emphasis placed on having a neutral Deputy Speaker to reinforce Parliament’s credibility.
• Institutionalization of Opposition Convention (1990s–2014)
  • Coalition Era (Post-1989): Strengthened the convention of selecting Deputy Speakers from the Opposition.
    • Example: P.M. Sayeed (Congress) served as Deputy Speaker under the BJP-led NDA government (1998–99).
  • UPA Governments:
    • Charanjit Singh Atwal (SAD) served as Deputy Speaker during UPA-I.
    • Kariya Munda (BJP) held the post during UPA-II, reaffirming bipartisan traditions.
• Contemporary Developments and Challenges (2014–Present)
• • Deviation:
    • 16th Lok Sabha (2014–19): Deputy Speaker post given to AIADMK’s M. Thambidurai, a friendly NDA ally.
    • 17th Lok Sabha (2019–24): Deputy Speaker post remained vacant — first time in Independent India’s history for a full Lok Sabha term.
  • Current Scenario (18th Lok Sabha, 2024–):
    • Opposition demanding restoration of convention; government reluctant, leading to constitutional and democratic concerns.
  • Judicial Challenges: PILs in Supreme Court (e.g., Shariq Ahmed v. Union of India, 2023) highlights constitutional breach.

Speaker vs Deputy Speaker

Implications of Vacancy of Deputy Speaker

• Constitutional Violation: Constitution requires election of Deputy Speaker “as soon as may be”; prolonged vacancy undermines this obligation.
  • Absence of a second-in-command disrupts the intended redundancy and resilience of parliamentary leadership.
  • Normalizes constitutional non-compliance, risking erosion of parliamentary norms over time.
• Concentration of Power: All procedural authority remains concentrated with the Speaker, often aligned with the ruling government.
  • Deputy Speaker traditionally acted as a counterweight, especially when from the Opposition.
• Damage to Parliamentary Democracy: Without an Opposition Deputy Speaker, avenues for inclusive decision-making shrink.
  • Absence of a constitutionally impartial figure affects the credibility of legislative proceedings.
• Practical and Procedural Disruptions: Speaker alone must shoulder presiding duties during long sessions, affecting efficiency.
  • Emergency Risks: In events like sudden resignation, death, or incapacity of the Speaker, Parliament risks leadership vacuum and procedural confusion.
• Wider Democratic Implications: Visible disregard for constitutional norms diminishes citizen confidence in Parliament.
  • Repeated constitutional challenges (including in the Supreme Court) highlight the seriousness of the violation.
  • Affects India’s image as a vibrant democracy committed to rule of law and constitutionalism.

Deputy speaker post in Britain vis i vis India

Way Forward on Deputy Speaker Vacancy Issue

• Mandatory Time Limit: Introduce a constitutional or statutory amendment fixing a specific timeframe (e.g., within 60 days) for electing the Deputy Speaker after a new Lok Sabha is formed.
• Codification of Conventions: Formally recognize the tradition of offering the Deputy Speaker’s post to the Opposition to strengthen bipartisanship and balance in parliamentary functioning.
• Judicial Clarification: Supreme Court or constitutional benches should interpret “as soon as may be” in Article 93 to enforce mandatory, time-bound compliance.
• Empowering Speaker’s Office: Amend Rules of Procedure to mandate that the Speaker must initiate the election process promptly without waiting for political consensus.
• Promoting Political Consensus: Institutionalize pre-session dialogue between ruling and Opposition parties to ensure smooth, cooperative election of presiding officers.
• Strengthening Democratic Accountability: Regular parliamentary reviews and committee reports should monitor compliance with constitutional mandates like timely filling of key posts.
• Raising Public Awareness: Encourage civil society and media to highlight the constitutional importance of the Deputy Speaker, creating public pressure for adherence to norms.

Conclusion

To address the Deputy Speaker vacancy, amend Article 93 to mandate election within 60 days, codify the convention of Opposition representation, and empower the Supreme Court to enforce compliance. Promote pre-session political dialogue and public awareness to ensure timely adherence to constitutional norms.

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