Office of Deputy Speaker – Role & Significance – Explained pointwise

The Office of Deputy Speaker has remained vacant for the entire term of 17th Lok Sabha (2019-2024) & even in 18th Lok Sabha, the House has not elected any Deputy Speaker as of yet. This is not just just a procedural lapse but a constitutional anomaly which may going to have strong repercussions on our democratic parliamentary system.
In this article, we will learn about the constitutional position, roles & responsibility of the Office of Deputy Speaker, its significance & impact of leaving the post vacant as well as what could be the way forward.

What are the Constitutional Provisions Regarding Deputy Speaker?

1. Article 93: The House of the People (Lok Sabha) is required to elect two members as Speaker and Deputy Speaker whenever these offices become vacant. The article does not specify a time frame for this election but uses the phrase “as soon as may be”. 

2. Article 178: This article provides the corresponding requirement for the Speaker and Deputy Speaker of a State’s Legislative Assembly.

Election of Deputy Speaker:

• According to Article 93 of the Indian Constitution, it is mandatory to elect a Deputy Speaker.
• The Deputy Speaker is elected soon after the formation of a new house, following the election of the Speaker.
• Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha: The election of the Deputy Speaker is held on a date fixed by the Speaker.
• The Deputy Speaker is elected once a motion proposing their name is passed in the House. Typically, the Deputy Speaker serves for the entire duration of the House.

Position of Deputy Speaker:

• The Deputy Speaker is the second-highest authority in the Lok Sabha after the Speaker.
• The Deputy Speaker is not subordinate to the Speaker but is directly responsible to the Lok Sabha. However, when the Speaker is presiding, the Deputy Speaker functions as a regular member of the House.
• Article 95: The Deputy Speaker performs the duties of the Speaker when the office is vacant and acts as the Speaker when the latter is absent from House sittings. In both scenarios, the Deputy Speaker assumes all powers of the Speaker.
• The Deputy Speaker continues in office even if the House is dissolved — until the newly elected House chooses a new Deputy Speaker.
• By convention (developed after 11th Lok Sabha), the Deputy Speaker is elected from opposition political party — to promote non-partisan functioning (it is not a constitutional requirement).

Responsibilities and Functions:

1. Presiding Officer: The Deputy Speaker performs the duties of the Speaker when the Speaker’s office is vacant, or when the Speaker is absent from a sitting of the House. In such cases, the Deputy Speaker assumes all the powers of the Speaker. This ensures the continuity of the legislative process and maintains order and decorum in the Lok Sabha.

2. Maintaining Order and Decorum: Like the Speaker, the Deputy Speaker is responsible for upholding parliamentary rules and conventions, managing debates, and ensuring the orderly conduct of proceedings. They help in maintaining order and decorum in the House during debates and proceedings ensuring the rules of the House are followed.

3. Administrative Responsibilities: The Deputy Speaker may share administrative responsibilities with the Speaker, contributing to the effective management of parliamentary affairs.

4. Independence from Speaker: Deputy Speaker is not subordinate to the Speaker and is directly responsible to the House. Both the Speaker and Deputy Speaker must submit their resignations to the House.

5. Committees-related functions: If the Deputy Speaker is a member of a parliamentary committee, they automatically become its chairperson. This allows them to play a significant role in the detailed examination of legislation and other matters. For e.g. Deputy Speaker acts as chairman of the Committee on Private Members’ Bills and Resolutions.

6. Representative Role: In the absence of the Speaker, the Deputy Speaker represents the House in ceremonial functions and official events.

What is the significance of the post of Deputy Speaker?

1. Ensures Continuity and Stability: The Deputy Speaker acts as the second-in-command in the Lok Sabha, presiding over the House in the absence of the Speaker or when the Speaker’s office is vacant. This guarantees that the business of the House is not disrupted, ensuring the smooth and uninterrupted functioning of parliamentary proceedings.  For e.g. 1st elected Deputy Speaker of Lok Sabha, M.A. Ayyangar, served as the acting speaker following the death of Speaker G.V. Mavalankar in 1956. His appointment during the crisis established a precedent for Deputy Speaker’s importance as a ready & capable replacement.

2. Upholds Parliamentary Integrity and Order: When presiding, the Deputy Speaker exercises all the powers and responsibilities of the Speaker, including maintaining order, conducting debates, and enforcing parliamentary rules. Thus, the role of Deputy Speaker is not just supplementary to the Speaker’s. It is vital for the uninterrupted functioning of the lower House of the Parliament. The presence of a Deputy Speaker helps uphold the integrity and efficiency of the legislative framework by providing an impartial authority to manage the House.

3. Promotes Representation and Inclusivity: Historically, the Office of Deputy Speaker has also held symbolic importance in fostering bipartisan respect. By convention, the Deputy Speaker is often chosen from the opposition party or alliance, promoting a balance of power and inclusivity within the parliamentary system. This practice enhances the legitimacy of parliamentary proceedings and fosters cooperation between the ruling and opposition parties as well as reinforce the non-partisan ethos that the Speaker’s office aims to uphold.

4. Strengthens Democratic Principles: The Office of Deputy Speaker is not merely a ceremonial seat but a constitutional imperative. The constitutional mandate for the election of a Deputy Speaker (Articles 93 and 95) reflects the commitment to democratic values and the principle of collective leadership. The role exemplifies impartiality and fairness, which are vital for the credibility of legislative institutions.

5. Facilitates Effective Administration: The Deputy Speaker often shares administrative responsibilities with the Speaker and may chair important parliamentary committees, contributing to the detailed scrutiny of legislation and issues. This involvement enhances the quality of deliberations and decision-making within the House. Constitutional expert S.C. Kashyap has also noted that it is not possible for a Speaker to physically preside over every sitting of the House in its entirety in a Session. Thus, in such absences, the Deputy Speaker steps in to ensure that the proceedings continue without procedural disruption.

6. Broader Role & Responsibilities: The role of Deputy Speaker has not been limited to just ‘filling in’ for the Speaker. They can chair important sessions (including joint sittings), preside over specific committees, handle sensitive debates that require neutral & trusted authority.

7. Symbol of Parliamentary Tradition: The office of the Deputy Speaker traces its roots to pre-independence legislative practices and remains an integral part of India’s parliamentary heritage. The position originated in the Central Legislative Assembly under British Rule, where it is known as the Deputy President. The 1st to hold the office was Sachidanand Sinha in 1921. By the time India achieved independence in 1947, the Office of Deputy Speaker already became an institutional fixture in legislative governance.

What could be the impact of leaving the Office of Deputy Speaker vacant?

1. Leaving the Deputy Speaker’s position vacant undermines the institutional safeguards established by the Constitution. It centralizes the procedural power solely within the Speaker & the ruling party, eliminating a vital counterbalance.

2. In an emergency situation, such as the Speaker’s resignation, death, or removal, the lack of a designated second-in-command could lead to confusion or even a temporary leadership vacuum in the House.

3. The delay in election of the Deputy Speaker also signals a broader disregard for parliamentary conventions – especially the unwritten rule of offering the post to the opposition. Failing to fill the post is not just a passive oversight, it is an active sidelining of consensus politics.

4. The intent of the constitution by including the phrase “as soon as may be” is clear that the Lok Sabha must never function without a second-in-command – a constitutional safeguard to ensure continuity, stability & institutional balance.

5. Though, the Constitution does not prescribes a definite timeline for the election of Deputy Speaker, but the phrase “as soon as may be” must not be interpreted as “whenever convenient”. The argument that there is ‘no urgency’ to appoint the Deputy Speaker runs counter to the entire ethos of constitutional democracy. Our Constitutional framers foresaw the importance of redundancy in leadership & thus created the post of second-in-command. Hence, the position of Deputy Speaker are not afterthoughts – they are foundational to the system’s resilience.

What could be the way forward?

1. Amend the Rules or Constitution to Specify a Time Frame: Introduce an explicit time limit-such as requiring the election of the Deputy Speaker within a fixed number of days (e.g. 60 days) after the Speaker’s election or within the first or second session of the new Lok Sabha. A statutory mechanism can be introduced to allow the President to initiate the process within a time frame – upon the advice of PM or the Speaker. This would remove ambiguity and make the election process time-bound, reducing the scope for government discretion and delays.

2. Strengthen Parliamentary Conventions: Reinforce the established convention of electing the Deputy Speaker in the second session at the latest, and encourage all parties to uphold this practice in the interest of parliamentary integrity and continuity. Public and institutional pressure, including from the Opposition and civil society, can help ensure adherence to this convention.

3. Empower the Speaker to Fix an Early Date: The current rules allow the Speaker to fix the date for the Deputy Speaker’s election. The Speaker should be encouraged, either by convention or through internal parliamentary resolutions, to set this date promptly after the Speaker’s own election.

4. Judicial or Institutional Oversight: The Supreme Court has already sought responses regarding the prolonged vacancy. Continued judicial scrutiny or recommendations from parliamentary committees can act as a deterrent against undue delays.

5. Political Consensus and Transparency: Foster a political consensus, possibly through an all-party meeting, to ensure that the Deputy Speaker’s election is not held hostage to political bargaining but is treated as a matter of institutional propriety and balance.

Conclusion:
The Office of Deputy Speaker of Lok Sabha is neither symbolic nor optional. It is a constitutionally sanctioned position designed to uphold the integrity & continuity of legislative functioning. Disregarding it not only violates the Constitution’s letter but also undermines the spirit of the democratic balance. Thus, it is time for the Parliament to reaffirm its respect for constitutional norms & institutional integrity by electing a Deputy Speaker – which will ensure House’s commitment to rule-based governance.