WHY IN NEWS?
- The Supreme Court on Monday issued notices to the Centre and five states namely Rajasthan, Uttarakhand, Madhya Pradesh, Uttar Pradesh, and Jharkhand — over the failure to elect a Deputy Speaker.
INDIAN CONSTITUTIONAL PROVISIONS ON DEPUTY SPEAKER :
- According to Article 93, says “The House of the People shall, as soon as may be, choose two members to be Speaker and Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member”.
- Article 178 contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.
IS IT MANDATORY TO ELECT DEPUTY SPEAKER?
- According to constitutional experts, both Articles 93 and 178 use the word “shall”.
- Thus indicating that the election of Speaker and Deputy Speaker is mandatory under the Constitution.
HOW SOON MUST THE DEPUTY SPEAKER BE ELECTED?
- Articles 93 and 178 says “As soon as may be”.
- But they do not lay down a specific time frame for the election of deputy speaker.
- According to conventions usually, the election of the Deputy Speaker usually takes place in the second session.
- It is generally not delayed further in the absence of genuine and unavoidable constraints.
- Rule 8 of The Rules of Procedure and Conduct of Business in Lok Sabha says the election of Deputy Speaker “shall be held on such date as the Speaker may fix”.
- The Deputy Speaker is elected once a motion proposing his name is carried in the House.
DEPUTY SPEAKER AND RELATED PROVISIONS :
- The Deputy Speaker performs the duties of the Speaker’s office when it is vacant.
- He also acts as the Speaker when the latter is absent from the sitting of the House.
- He also presides over the joint sitting of both the Houses of Parliament, in case the Speaker is absent from such a sitting.
- It is to be mentioned that Deputy Speaker is not subordinate to the Speaker.
- He is directly responsible to the House.
- The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.
- The Deputy Speaker is entitled to a regular salary and allowance fixed by Parliament, and charged on the Consolidated Fund of India.
SYLLABUS : PRELIMS, INDIAN POLITY