Deputy Speaker Lok Sabha The Constitutional Role and Significance Introduction
- The office of the Deputy Speaker in India’s Lok Sabha has remained vacant for the entire term of the 17th Lok Sabha (2019-2024), and as of now, the position has not been filled in the 18th Lok Sabha either.
- This absence is not just a procedural lapse; it presents a constitutional anomaly with significant implications for the parliamentary functioning and democratic governance.
What is the Constitutional Position of the Deputy Speaker?
- The office of the Deputy Speaker is crucial to the functioning of the Lok Sabha, the lower house of India’s Parliament. Let’s take a closer look at the constitutional provisions regarding this position:
- Article 93 – Requirement for Election: Article 93 of the Indian Constitution mandates that the Lok Sabha must elect a Speaker and a Deputy Speaker once a new House is formed. While the article does not specify a strict timeline, it states that this election should take place “as soon as may be.” The absence of a Deputy Speaker for such an extended period is a deviation from this constitutional expectation.
- Article 178 – State Legislative Assemblies: Article 178 applies to State Legislative Assemblies and holds the same requirement for electing a Speaker and Deputy Speaker at the state level.
How is the Deputy Speaker Elected?
- According to Article 93, the Deputy Speaker is elected shortly after the Speaker’s election. The election follows a motion proposing the name of the candidate for Deputy Speaker, which must be passed by a majority in the House.
- Rule 8 of Lok Sabha Rules of Procedure and Conduct of Business stipulates that the election date for the Deputy Speaker is fixed by the Speaker of the Lok Sabha.
- While there is no constitutional mandate for the Deputy Speaker to be elected from the opposition, it has become a convention after the 11th Lok Sabha that the Deputy Speaker is chosen from the opposition to ensure the non-partisan functioning of the House.
What is the Position of the Deputy Speaker in the Lok Sabha?
- The Deputy Speaker holds the second-highest authority in the Lok Sabha, directly after the Speaker. While the Deputy Speaker is not subordinate to the Speaker, they are responsible to the House and play a pivotal role in maintaining the functioning of Parliament.
- Article 95 – Speaker’s Absence: The Deputy Speaker assumes all the powers of the Speaker when the office is vacant or the Speaker is absent from the House. This ensures that the legislative process continues without disruption.
- Tenure of Office: The Deputy Speaker continues in office even after the dissolution of the Lok Sabha, remaining in the position until the newly elected House chooses a new Deputy Speaker.
- Non-Subordination to the Speaker: Although the Deputy Speaker performs duties in tandem with the Speaker, they are not subordinate to the Speaker. Both the Speaker and Deputy Speaker are directly accountable to the Lok Sabha.
Responsibilities and Functions of the Deputy Speaker
- Presiding Officer: When the Speaker’s office is vacant or the Speaker is absent, the Deputy Speaker steps in to preside over the proceedings of the House. In doing so, the Deputy Speaker assumes full responsibility for maintaining order and ensuring the proper conduct of the House.
- Maintaining Order and Decorum: Just like the Speaker, the Deputy Speaker is responsible for upholding parliamentary rules, managing debates, and ensuring that the proceedings of the House are orderly. The Deputy Speaker plays a critical role in enforcing the rules of the House during debates and discussions.
- Administrative Responsibilities: The Deputy Speaker often shares certain administrative duties with the Speaker, including the effective management of parliamentary affairs and coordination within the legislative system.
- Committees-Related Functions: As a member of various parliamentary committees, the Deputy Speaker may be designated as the chairperson, depending on the committee’s structure. For instance, the Deputy Speaker is the chairperson of the Committee on Private Members’ Bills and Resolutions, giving them a significant role in scrutinizing legislative matters.
- Representational Role: In the absence of the Speaker, the Deputy Speaker represents the House at official functions, ceremonial events, and various public engagements. This role is crucial in ensuring the continuity and prestige of the institution.
The Vital Role of the Deputy Speaker in India’s Parliamentary System
- Ensures Continuity and Stability: The Deputy Speaker is second-in-command in the Lok Sabha and assumes the responsibility of presiding over the House when the Speaker is absent or when the Speaker’s office is vacant. This guarantees continuity in parliamentary business and ensures that the legislative work proceeds without disruption. The first elected Deputy Speaker of the Lok Sabha, M.A. Ayyangar, became the acting Speaker following the death of Speaker G.V. Mavalankar in 1956. This set an important precedent, demonstrating how the Deputy Speaker is integral to ensuring leadership continuity in times of crisis.
- Upholds Parliamentary Integrity and Order: When the Deputy Speaker presides, they wield the same authority as the Speaker, including maintaining order, conducting debates, and enforcing parliamentary rules. The role is not just supplementary to the Speaker’s; it is essential for the uninterrupted functioning of the House. The presence of a Deputy Speaker ensures that parliamentary proceedings are managed with fairness and impartiality, upholding the integrity of the legislative process.
- In 1993, during the 11th Lok Sabha, the Speaker was unable to attend a session due to health reasons. In this scenario, the Deputy Speaker, Shivraj V. Patil, stepped in to preside over the House. His actions ensured that the proceedings continued smoothly without any interruption.
- Promotes Representation and Inclusivity: By convention, the Deputy Speaker is typically elected from the opposition party or alliance. This tradition helps balance the power between the ruling party and the opposition, promoting inclusivity and ensuring that all political voices are represented within the parliamentary system. An example of this tradition in action is M. Thambi Durai, the Deputy Speaker of the 16th Lok Sabha (2014-2019). He was elected from the opposition party, ensuring that the opposition had a voice in the parliamentary process despite being in the minority.
- Symbolic Importance: The role of the Deputy Speaker has a symbolic value, reinforcing the non-partisan nature of the Speaker’s office. It demonstrates that the parliament is truly representative and committed to democratic principles.
- Strengthens Democratic Principles: The position of Deputy Speaker is a constitutional imperative, not merely a ceremonial office. Articles 93 and 95 of the Constitution emphasize the need for a Deputy Speaker to uphold democratic values and ensure collective leadership. The Deputy Speaker’s role is a testament to the impartiality, fairness, and balance that are crucial for the credibility and integrity of India’s legislative institutions.
- Facilitates Effective Administration: The Deputy Speaker shares administrative responsibilities with the Speaker and often chairs important parliamentary committees. This involvement plays a significant role in ensuring that legislative deliberations and decisions are conducted efficiently and thoroughly.
- Expert Insight: Constitutional expert S.C. Kashyap has noted that it is practically impossible for the Speaker to preside over every sitting of the House. In such instances, the Deputy Speaker steps in to ensure that parliamentary proceedings continue without any disruption.
- Broader Role & Responsibilities: The role of Deputy Speaker extends beyond merely stepping in for the Speaker. They are empowered to chair joint sittings, preside over critical committees, and handle sensitive debates that require neutral and trusted authority. A notable instance of the Deputy Speaker’s broader responsibilities was during the joint sitting of the Lok Sabha and Rajya Sabha in 2016 to address the issue of the Union Budget. The Deputy Speaker of the Lok Sabha, Shri M. Thambi Durai, played a crucial role in managing the debates and ensuring that the proceedings were conducted in an orderly manner, reflecting the significance of the office.
- Symbol of Parliamentary Tradition: The office of the Deputy Speaker is rooted in pre-independence legislative practices and has been a part of India’s parliamentary system since its inception. The position originated in the Central Legislative Assembly under British rule, where it was known as the Deputy President. The first person to hold the office was Sachidanand Sinha in 1921. By the time India gained independence in 1947, the Deputy Speaker had already become an integral fixture of the legislative governance system.
Why the Deputy Speaker’s Office Cannot Be Left Vacant?
- Undermining Parliamentary Safeguards: Without a Deputy Speaker, the legislative process becomes vulnerable to disruption. It concentrates procedural powers in the hands of the Speaker and the ruling party, eliminating a vital counterbalance and reducing the neutrality of the parliamentary proceedings.
- Potential Leadership Vacuum: In case of the Speaker’s resignation, death, or removal, the lack of a designated second-in-command could lead to confusion or even a leadership vacuum in the House. This could create a significant constitutional crisis, hindering the proper functioning of the legislature.
- Disregard for Parliamentary Conventions: The failure to elect a Deputy Speaker signals a disregard for established parliamentary conventions, particularly the unwritten rule of offering the position to the opposition. This undermines consensus politics and the democratic principles upon which India’s parliamentary system is built.
- Risk of Procedural Breakdown: The absence of a Deputy Speaker could lead to procedural breakdowns, delaying critical legislative work and weakening the credibility of the Lok Sabha.
What Could Be the Way Forward?
- Amendment to Specify a Time Frame: To ensure that this vacancy does not persist in the future, an explicit time frame for the election of the Deputy Speaker could be added to the Constitution or the Rules of Procedure. For example, mandating the election within 60 days of the Speaker’s election could streamline the process and reduce delays.
- Strengthen Parliamentary Conventions: It is important to reinforce the convention of electing a Deputy Speaker in the second session of the Lok Sabha at the latest. Political parties, along with civil society, must encourage adherence to this practice to maintain the integrity and stability of parliamentary procedures.
- Empowering the Speaker to Fix an Early Date: Currently, the Speaker has the authority to fix the date for the Deputy Speaker’s election. The Speaker should be encouraged, by convention or internal parliamentary resolution, to set the date for the election promptly after the Speaker’s own election.
- Judicial or Institutional Oversight: Judicial scrutiny or recommendations from parliamentary committees could act as a deterrent against undue delays. The Supreme Court has already sought responses regarding the prolonged vacancy of the Deputy Speaker’s office, and continued oversight can prevent further delays.
- Foster Political Consensus and Transparency: A political consensus should be developed to ensure that the election of the Deputy Speaker is not held hostage to political bargaining. The election should be viewed as a matter of institutional integrity, not subject to partisan interests.