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Deputy Speaker Crisis: A Critical Breakdown in Parliamentary Democracy
Deputy Speaker Role Undermined: Alarming Erosion of Constitutional Conventions
Context: The position of the Deputy Speaker has been lying vacant for the last six years raising questions on constitutional adherence and democratic resilience. Despite its importance, the 17th Lok Sabha (2019–24) completed its entire term without appointing a Deputy Speaker, raising serious concerns regarding constitutional compliance and parliamentary conventions.
Constitutional Provisions
- The post of Deputy Speaker in the Lok Sabha is a constitutional office, envisaged to ensure continuity and impartiality in the conduct of parliamentary proceedings.
- Article 93: The Lok Sabha “shall, as soon as may be” choose two members as Speaker and Deputy Speaker.
- The use of “shall” denotes a mandatory requirement.
- The phrase “as soon as may be” implies urgency and immediacy, not discretion.
- Article 94: Specifies that the Deputy Speaker:
- Holds office during the life of the Lok Sabha.
- May vacate office if:
- Ceases to be a Lok Sabha member.
- Resigns in writing to the Speaker.
- Removed by a resolution passed by a majority of all the then members, with 14 days’ notice.
- Article 95: The Deputy Speaker:
- Performs the duties of the Speaker when the post is vacant or when the Speaker is absent.
- Presides over joint sittings of both Houses in the Speaker’s absence.
- Enjoys full authority of the Speaker while presiding but is not subordinate to the Speaker.
- Article 180 (for State Assemblies): Deputy Speaker carries out the functions of Speaker when that office is vacant.
Election Procedure and Rules
- Simple Majority: The Deputy Speaker is elected by a simple majority of members present and voting in the Lok Sabha.
- Rule 8 of the Lok Sabha Rules (1952):
- The Speaker decides the date of the Deputy Speaker’s election.
- The election takes place once a motion is moved by a member in favour of a candidate.
Conventions and Practices
- Conventionally, the Speaker’s post goes to the ruling party, and the Deputy Speaker’s post is offered to the Opposition.
- This convention promotes:
- Bipartisanship
- Checks and balances
- Smooth functioning of Parliament
- From 1990 to 2014, the Opposition continuously held the Deputy Speaker’s post.
- In the 16th Lok Sabha (2014–19), M. Thambi Durai of AIADMK (then a ruling alliance member) was the Deputy Speaker.
Role and Responsibilities of the Deputy Speaker
- Not a mere substitute for the Speaker, but a key constitutional authority.
- Presides in Speaker’s absence and ensures legislative continuity.
- Chairs crucial committees, including:
- Private Member’s Bills Committee
- Budget Committees
- Acts as a neutral arbiter during sensitive debates.
- When not presiding, can participate and vote like any ordinary member.
- If appointed to a parliamentary committee, automatically becomes its chairman.
Judicial Scrutiny
- A Public Interest Litigation (PIL) filed by Shariq Ahmed led to Supreme Court intervention.
- The SC issued notices to:
- Union Government
- Five States (Rajasthan, Uttarakhand, Madhya Pradesh, Uttar Pradesh, Jharkhand)
- The SC observed that:
- Deputy Speaker is a constitutional post.
- Elections must be held in a timely manner.
Issues with Prolonged Vacancy
- 17th Lok Sabha had no Deputy Speaker for its entire term, violating:
- Article 93
- Article 94
- Rule 8 of Lok Sabha RulesThe current trend of delaying appointment erodes constitutional intent and leads to centralisation of authority in the Speaker, typically from the ruling party.
- The lack of a specific timeline in Article 93 allows for misuse or avoidance of the provision.
Democratic and Constitutional Implications
- A functioning parliamentary democracy depends on:
- Effective representation
- Transparency
- Accountability
- The vacancy creates a constitutional vacuum, especially in situations such as:
- Resignation or incapacitation of the Speaker
- Joint sittings of Parliament
- Undermines democratic balance, especially when the government refuses to offer the post to the Opposition.
- The concentration of authority with the ruling party is inconsistent with the Westminster model of governance, which India adopts.
Conclusion
- The Deputy Speaker’s office is not ceremonial, but central to maintaining parliamentary balance and democratic functioning.
- The prolonged delay or denial of appointment is a constitutional lapse, risking institutional imbalance and eroding conventions that uphold democratic norms.
- Immediate election, preferably with Opposition consensus, is essential to restore the spirit of constitutional morality, bipartisanship, and democratic resilience.
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
