Missing in Parliament
Context:
- The Lok Sabha’s deputy speaker seat is now open because there was no election for it. The Supreme Court was then consulted on the matter, and the SC informed the Union government of its conclusions.
- The Lok Sabha’s term extends from the day of its first meeting to the day it has met for five years straight, per Article 83(2) of the Constitution, unless it is dissolved earlier.
- So, on June 16, 2024, the current Lok Sabha’s term will come to an end. It has been in operation for three years and seven months. Elections for the 18th Lok Sabha are set for June 2024.
Assuming control of the Lok Sabha:
- The Lok Sabha’s two presiding officers are the Speaker and the Deputy Speaker, who are picked by the Parliament’s members.
- As soon as the House meets after the election, in accordance with Article 93 of the Constitution, these two presiding officials are elected one after the other.
- Traditionally, the Speaker is selected after the oath is administered. A short bit later, the Deputy Speaker is chosen.
- The current Lok Sabha has been in session for three years and seven months, yet the Speaker of the Parliament has not yet appointed a Deputy Speaker.
- According to reports, the Supreme Court told the Union government that the Deputy Speaker had not been elected.
Historical Influence of Speaker and Deputy Speaker:
- The Speaker and Deputy Speaker are referred to as officers of Parliament in the Constitution, underscoring their importance in the parliamentary system.
- Some individuals could believe that the Deputy Speaker is not necessary and that the House can function without one.
- A Deputy Speaker is just as important for the House as the Speaker, according to the position’s history.
- The Deputy Speaker role was created by the Government of India Act of 1919, but prior to that, the Speaker also served as the head of the central legislative assembly, earning him the title of Deputy President.
- Although a Deputy Speaker’s principal responsibilities included leading select committees and preside over assembly sessions without the Speaker, the position was regarded as crucial for helping the Speaker run the House and oversee newly established committees.
- After Independence, a Deputy Speaker was appointed to preside over the meetings of the Constituent Assembly in addition to the Speaker, upholding the tradition (Legislative).
- The Constituent Assembly (Legislative) elected M Ananthasayanam Ayyangar as the first Deputy Speaker and G V Mavalankar as the first Speaker on September 3, 1948.
- He was appointed the first Deputy Speaker of the House of the People under the new Constitution on May 28, 1952. After that, a few days after the Speaker was selected, a Deputy Speaker was elected in each Lok Sabha.
- The only three exceptions were P M Sayeed, who was elected nine months after the Speaker, S Mallikarjunaiah, who was elected to the 10th Lok Sabha 33 days after the Speaker, and Suraj Bhan, who was elected 49 days after the Speaker.
How the deputy speaker is chosen:
- The House must choose the Speaker and Deputy Speaker as soon as feasible in accordance with Article 93. In practise, however, the administration has typically put forward the Speaker’s name and chosen a member of the opposition as a consensus choice for the office of Deputy Speaker.
- This method was occasionally not strictly followed. Otherwise, selecting a member of the opposition to serve as deputy speaker has generally been regarded as a positive practise.
- Nonetheless, if a government chooses not to favour an Opposition member for political reasons, it is free to choose a member of its own party.
- In accordance with Rule 8 of the Rules and Procedure of the Lok Sabha, the Speaker is in charge of deciding the date for the election of the Deputy Speaker.
- After the date has been determined, any member may propose the name of any other member for the House’s consideration through a motion.
- After then, the House might select the Deputy Speaker. Yet, in reality, the political process of speaking with other parties and reaching an agreement is initiated by the administration.
- If this doesn’t work, the government might nominate one of its own people for the job.
- Any member of the House may introduce a motion requesting that the Speaker determine the date because it is his duty to do so and he hasn’t yet done so.
- Although the President must abide by their recommendation, the Union cabinet really determines the date for the Speaker election.
- The Union cabinet’s approval is not required under the Constitution before the Speaker can establish the date for the election of the Deputy Speaker. Yet, the political environment has changed.
Deputy Speaker’s Role & Function:
- The Deputy Speaker has the same power as the Speaker while presiding over a House meeting.
- No appeal against a Deputy Speaker decision is also admissible before the Speaker. Hence, the Speaker lacks the power to overturn or modify a Deputy Speaker’s decision.
- According to Article 95(1) of the Constitution, the Deputy Speaker has all the powers of the Speaker when the Speaker’s office is vacant, hence the Deputy Speaker can decide on petitions relating to disqualification under the 10th Schedule of the Constitution.
Conclusion:
- Even though he can only exercise these authority when the Speaker is not present, the Deputy Speaker’s decisions are final and binding.
- In the event that the Speaker is compelled to be absent for a longer period of time owing to illness or another reason, the government will have to cope with the unpredictable nature of a judgement or an unfavourable decision by a Deputy Speaker who is selected from the ranks of the Opposition.
- By not electing the Deputy Speaker, perhaps someone wanted to be safe. But, given that the Supreme Court is now involved in the case, the status quo may be disrupted. The House is required by Article 93 to carry out a requirement.
