The vacant chair: role & controversy of the Lok Sabha deputy speaker

The office of the Deputy Speaker of the Lok Sabha, a position of immense constitutional importance, has been at the center of a significant political and legal debate. An unprecedented vacancy since the constitution of the 17th Lok Sabha in 2019 has highlighted a potential constitutional anomaly and sparked discussions on parliamentary norms and conventions.

The issue gained significant traction when the Supreme Court, in response to a Public Interest Litigation (PIL), issued a notice to the Union Government in February 2023. The court highlighted that the phrase “as soon as may be” in Article 93 of the Constitution is not discretionary and expressed concern over the prolonged vacancy. As of mid-2024, with the formation of the 18th Lok Sabha, the court has continued to press the matter, underscoring the non-optional nature of this constitutional post.

Fun Fact: The institution of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (the Montagu-Chelmsford Reforms). Sachidananda Sinha was the first to hold this office in the then-Central Legislative Assembly.

Constitutional Mandate and Role

The Deputy Speaker is the second-highest ranking legislative officer in the Lok Sabha, the lower house of India’s Parliament. The offices of the Speaker and Deputy Speaker are rooted in Article 93 of the Constitution, which states that the House of the People shall, “as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof”.

Once elected, the Deputy Speaker typically holds office for the entire duration of the Lok Sabha. Key functions include:

• Presiding over the House: The Deputy Speaker performs the duties of the Speaker’s office when it is vacant or when the Speaker is absent from any sitting of the House.
• Committee Chairmanship: The Deputy Speaker is often appointed as the chairman of parliamentary committees. If they are appointed as a member of any committee, they automatically become its chairman.
• Impartiality: Like the Speaker, the Deputy Speaker is expected to be impartial in the conduct of their duties. A crucial distinction is that while presiding, the Deputy Speaker can vote in the case of a tie but not ordinarily.

Analogy: Think of the Deputy Speaker as the ‘vice-captain’ of a sports team. While the captain (Speaker) leads the team on the field, the vice-captain is always ready to step in, ensuring the game continues seamlessly and fairly, without any interruption in leadership.

The Convention of Opposition Representation

A strong parliamentary convention since the 10th Lok Sabha has been to offer the post of the Deputy Speaker to a member of the principal opposition party. This practice is considered a hallmark of a healthy democracy, fostering consensus and providing the opposition with a significant stake in the functioning of the House. The current vacancy, which has now spanned the entire term of the 17th Lok Sabha and continues into the 18th, marks a stark departure from this established norm.

For remembering the key constitutional articles related to the Lok Sabha’s presiding officers:

Mnemonic: “ELephants VACATE with POWER”

• ELection (Article 93): Governs the election of Speaker and Deputy Speaker.
• VACATE (Article 94): Deals with the vacation, resignation, and removal from office.
• POWER (Article 95): Outlines the power of the Deputy Speaker to act as Speaker.

Critical Policy Appraisal

The prolonged vacancy has been met with both legal challenges and political criticism, raising fundamental questions about constitutional obligations.

Statistic: The vacancy of the Deputy Speaker’s post for the entire term of the 17th Lok Sabha (2019-2024) is the longest in the history of independent India, breaking a continuous tradition of having both a Speaker and a Deputy Speaker.

Analytical Lens: UPSC Focus (Mains & Prelims)

Conceptual Basis

The legal and constitutional backbone of this topic is Article 93 of the Indian Constitution, which mandates the election of both the Speaker and the Deputy Speaker for the Lok Sabha. This is complemented by Article 95, which details the powers of the Deputy Speaker.

UPSC Integration: Connecting the Dots

• Polity (GS Paper II): Directly linked to Parliamentary Procedures, Constitutional Posts, Separation of Powers (the judiciary’s role in a legislative matter), and the functioning of the Legislature.
• Ethics (GS Paper IV): The issue touches upon Constitutional Propriety and the ethical obligation of the executive to uphold not just the letter of the law but also the spirit of parliamentary conventions.
• Modern Indian History (GS Paper I): The evolution of parliamentary institutions from the colonial era, particularly the Government of India Act, 1919, provides historical context.

Expert Analysis

The continued vacancy of the Deputy Speaker’s office sets a worrying precedent. It transforms a constitutional mandate into a political bargaining chip, potentially weakening the institutional framework of Parliament. While the Supreme Court’s intervention is a necessary check, it also walks a fine line regarding the separation of powers, as the judiciary is directing the legislature on its internal proceedings. The long-term impact could be an erosion of trust in parliamentary processes and a greater concentration of power, diminishing the opposition’s role from one of a partner in governance to that of a mere bystander. The resolution of this issue will be a test case for the maturity of India’s parliamentary democracy.

Prelims Practice Question (MCQ)

Question: With reference to the office of the Deputy Speaker of the Lok Sabha, which of the following statements is correct? a) The date of election for the Deputy Speaker is fixed by the President of India. b) The Deputy Speaker is subordinate to the Speaker and holds office at the Speaker’s pleasure. c) When presiding over the House, the Deputy Speaker has a casting vote in the event of a tie. d) The salary and allowances of the Deputy Speaker are determined by the Cabinet Committee on Parliamentary Affairs.

Answer: (c) Explanation: When the Deputy Speaker presides over a session of the Lok Sabha, they assume all the powers of the Speaker. This includes the power of a casting vote in the case of a tie, as per Article 100 of the Constitution. Option (a) is incorrect because the date of election is fixed by the Speaker. Option (b) is incorrect as the Deputy Speaker is not subordinate to the Speaker; they are responsible to the House. Option (d) is incorrect because their salary and allowances are charged on the Consolidated Fund of India and determined by Parliament.

Mains Sample Question

Question (15 Marks): “The prolonged vacancy of the Deputy Speaker’s office in the Lok Sabha is not merely a procedural lapse but a significant challenge to constitutional propriety and established parliamentary conventions.” Critically analyze this statement in the context of the recent controversy and the intervention by the Supreme Court.

Mind Map Outline (Revision Structure)

• Deputy Speaker of the Lok Sabha
  • Constitutional & Legal Framework
    • Article 93: Mandates the election “as soon as may be”.
    • Article 94: Governs vacation, resignation, and removal.
    • Article 95: Details the power of the Deputy Speaker to act as Speaker.
    • Rules of Procedure of Lok Sabha: Governs the conduct of elections and business.
  • Role, Powers, and Functions
    • Presiding Officer: Assumes Speaker’s duties in their absence.
    • Committee Chairmanship: Automatically becomes chairman of any committee they are a member of.
    • Impartiality: Expected to be non-partisan while presiding.
    • No Subordination: Responsible to the House, not the Speaker.
  • Parliamentary Conventions
    • Post to Opposition: A long-standing tradition to offer the post to the main opposition party.
    • Purpose: Fosters consensus, ensures legislative balance.
  • The Contemporary Controversy (Post-2019)
    • Unprecedented Vacancy: The entire term of the 17th Lok Sabha and continuing.
    • Supreme Court’s Intervention (2023-2024):
      • PIL filed against the delay.
      • Court’s observation on the mandatory nature of Article 93.
      • Notice issued to the Union Government.
    • Government’s Stance: Departure from the established convention.
  • Critical Policy Appraisal
    • Challenges & Criticisms:
      • Erosion of democratic norms.
      • Constitutional void.
      • Concentration of power.
    • Way Forward & Opportunities:
      • Codification of election timelines.
      • Strengthening opposition’s role.
      • Judicial review as a corrective measure.