Article 93

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 Topic - The Speaker and Deputy Speaker of the House of People ( Lok Sabha) 

  GS2 paper   Constitution

Indian Parliament 

Article 93 

Issues : After two years of new House sitting Deputy Speaker is still not elected in the Lok Sabha since 2019 Lok Sabha election.

Article 93 of the constitution mandates that the House shall elect a Speaker and Deputy Speaker after constitution of new House, or after a vacancy arises in either of these offices 'as soon as may be'.

"As soon as may be" indicates that after the constitution of new  house, whenever the new house meets, both the Speaker and Deputy Speaker are required to be elected.

The Speaker and Deputy Speaker of the Lok Sabha and the Deputy chairman of the Rajya Sabha are referred to as officers of Parliament in Indian constitution. They are elected by respective houses. Their duties have been defined in the Constitution:

    • Deputy Speaker performs the Duties of Speaker when the Office  of the Speaker  is vacant 
    • He also acts as the Speaker when the is Absent from any sitting of the House.
    • When the Deputy Speaker performs the duties of the Speaker, he has all power and responsibilities of the Speaker.
    • When The deputy speaker acts as Speaker in the House, he assumes all the powers of the Speaker in the matter of regulating the proceedings of the House. His rulings in the House have the same status as those of the Speaker, and Speaker cannot sit in appeal over his rulings.
    • House cannot treat it as a post of no importance or redundant.  
    • As per Lok Sabha rule 8, 
      • it is responsibility of the Lok Sabha Speaker to fix the date of election of the Deputy Speaker.
      • in case of of election of the Speaker, it is the President who fixes the date and as is well known, the President does so on the advice of the Union council of minister.
      • But the Speaker, Constitutionally speaking, is not required to act on the advice of the council of ministers. 
      • The Speaker can independently fix the date of the election of the Deputy Speaker. So the responsibility of election of The Deputy Speaker falls on the shoulder of the Speaker as Article 93 mandates that the House shall elect a Deputy speaker.
Role of Judiciary: To elect the Deputy Speaker is the responsibility of the Speaker of the house so the Judiciary has only one role to order to Speaker of the House to elect the Deputy Speaker "as soon as may be" that already has been too late after 2019 new House.

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