THE CONTEXT: The Deputy Speaker’s post in the Lok Sabha has remained vacant throughout the entire 17th Lok Sabha (2019–2024) and continues to remain unfilled after three sessions of the 18th Lok Sabha (as of April 29, 2025), breaking a 17-year constitutional convention. A 2023 PIL before the Supreme Court challenged this prolonged vacancy as a violation of Articles 93 and 178, prompting notices to the Union and six State Assemblies.
CONSTITUTIONAL & PROCEDURAL FRAMEWORK: DEPUTY SPEAKER OF LOK SABHA:
| Provision | Essence | Notes |
|---|---|---|
| Article 93 | Mandates that the Lok Sabha "shall, as soon as may be," elect a Speaker and Deputy Speaker. | The phrase "as soon as may be" implies urgency, not discretion. Prolonged vacancy undermines constitutional intent. |
| Article 94 | Specifies that the Deputy Speaker holds office until they resign, are removed, or cease to be a member of the House. | Ensures that the Deputy Speaker remains in office to maintain continuity until the dissolution of the Lok Sabha. |
| Article 95 | Outlines that the Deputy Speaker performs the duties of the Speaker when the latter is absent or the position is vacant. | Provides for seamless legislative functioning during the Speaker's absence. |
| Article 96 | States that the Deputy Speaker shall not preside over proceedings when a resolution for their removal is under consideration. | Mirrors Article 181 for State Assemblies, ensuring impartiality during removal proceedings. |
| Rule 8 of Lok Sabha Rules | The election of the Deputy Speaker is held on a date fixed by the Speaker. | Lack of a fixed timeline can lead to prolonged vacancies, as seen in recent Lok Sabhas. |
HISTORICAL EVOLUTION
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- Colonial Root: “Deputy President” (1921) in Central Legislative Assembly – Sachidanand Sinha.
- Post-Independence: First elected DS – M. A. Ayyangar; acted as Speaker after G. V. Mavalankar’s death, setting precedent for seamless succession.
- Opposition Convention (since 1956): From 6th to 16th Lok Sabha, DS was invariably from Opposition, nurturing consensus politics.
COMPARATIVE PERSPECTIVE (WESTMINSTER FAMILY)
| Jurisdiction | Time-limit? | Opposition share? | Institutional safeguards |
|---|---|---|---|
| U.K. | Elected on Day 1; 3 Deputy Speakers (Ways & Means) | Party balance via Speaker’s Panel | Deputy Speakers Act 1855 |
| Australia | Elected immediately after the Speaker; the Second Deputy Speaker is also chosen in the same ballot. | Government bench, but Speaker’s Panel includes Opposition | House Practice §6 |
| Canada | Deputy Speaker + Asst. Deputy Speaker elected within first week; Opposition customarily gets Asst. Deputy Speaker | Speaker’s formula of proportionality | Standing Orders 7-9 |
SIGNIFICANCE OF THE DEPUTY SPEAKER
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- Continuity & Crisis-management: Deputy Speaker becomes constitutional back-stop (Art 95).
- Checks-and-Balances: Symbolic Opposition post, tempers majoritarianism; echoes separation-of-powers within legislature.
- Committee Governance: Chairs key panels—Private Members’ Business, Budget Committee, etc. (impact on legislative productivity).
- Institutional Memory & Impartiality: Once elected, Deputy Speaker—like Speaker—swears neutrality.
- Federal Echo: States mirror Lok Sabha practice (Arts 178-181). Current Lok Sabha vacuum legitimises similar neglect in 7 Assemblies—spiral of constitutional erosion.
CURRENT ISSUES:
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- Constitutional Anomaly: Ignoring this mandate sets a precedent that undermines the supremacy of the Constitution and the rule of law.
- Majoritarian Drift: The absence of a Deputy Speaker consolidates procedural authority in the Speaker, who is typically from the ruling party, potentially compromising impartiality. This centralization may lead to executive dominance over the legislature, weakening the system of checks and balances essential for a healthy democracy.
- Convention Breakdown: Traditionally, the Deputy Speaker’s role is offered to the opposition, fostering inclusivity. The current neglect disrupts this convention, diminishing the spirit of cooperative federalism. By sidelining the opposition, the deliberative nature of parliamentary debates is compromised, affecting the quality of legislation.
- Judicial Impasse: While the judiciary can interpret constitutional provisions, it refrains from directing legislative procedures, leading to a stalemate in enforcing the mandate of Article 93. The courts’ reluctance to intervene in parliamentary affairs underscores the complexities in addressing such constitutional anomalies.
- Public Trust Deficit: The prolonged vacancy may be perceived as a strategic move to marginalize the opposition, eroding public confidence in parliamentary impartiality. Such perceptions can lead to a broader disillusionment with democratic institutions, affecting civic engagement and trust in governance.
IMPLICATIONS OF THE VACANCY:
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- Institutional Functioning: In the Speaker’s absence, the lack of a Deputy Speaker can lead to delays and inefficiencies in legislative proceedings. The Deputy Speaker often oversees various parliamentary committees. Their absence hampers the effective functioning of these bodies, impacting legislative oversight and accountability.
- Democratic Principles: The vacancy contradicts the Constitution’s intent of a fully functional parliamentary structure, weakening the democratic framework. Without a Deputy Speaker, the balance intended between different arms of the legislature is disturbed, potentially leading to unchecked majoritarianism.
- Political Conventions: By not adhering to the convention of appointing an opposition member as Deputy Speaker, the inclusivity of parliamentary processes is compromised. This deviation sets a concerning precedent, potentially encouraging similar disregard for conventions in other constitutional appointments.
THE WAY FORWARD:
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- Time-Bound Constitutional Amendment: To address the constitutional vacuum, insert a proviso under Article 93 mandating the election of the Deputy Speaker within 60 days of the first sitting, paralleling Article 75(2) which governs Council of Ministers’ vacancies. It echoes the Law Commission’s frequent advocacy for definite constitutional timelines to ensure procedural sanctity.
- Statutory Trigger Mechanism for Automatic Election: Legislate a trigger clause whereby if the Deputy Speaker remains unelected beyond the deadline, a Pro tem Committee chaired by the seniormost MP must auto-conduct a ballot, drawing from France’s Provisional President
- Speaker’s Panel Expansion for Resilient Presiding Structures: Revise the Rules of Procedure to create a Panel of Deputy Chairs, modelled after the UK House of Commons, ensuring gender, regional, and party diversity in presiding functions.
- Codification of Opposition Guarantee through Conduct Rules: Amend the Lok Sabha (Conduct of Business) Rules to codify that the Deputy Speaker must compulsorily belong to the largest Opposition party or coalition holding at least 10% of seats, akin to Leader of Opposition rules.
- Digital Secret Ballot via E-Sansad Platform: Deploy the E-Sansad platform for secure digital secret ballots during Deputy Speaker elections, cutting down procedural adjournments and enhancing election transparency. Digital voting would prevent engineered delays, uphold the voting sanctity, and embody ‘Digital Parliament’ vision as outlined by the Parliamentary Digital Ecosystem project 2024.
- Judicial Guidance on ‘Reasonable Time’ Standard: The pending PIL before the Supreme Court offers an opportunity to judicially interpret “reasonable time” under Article 93 as not exceeding one session, similar to judicially evolved timelines in SR Bommai (1994)
THE CONCLUSION:
The protracted absence of a Deputy Speaker is not a mere procedural aberration; it strikes at the heart of constitutionalism, parliamentary federalism, and deliberative democracy. Swift, rule-based correction—anchored in a definitive timeline, opposition inclusion, and comparative best practices—will restore institutional parity and reaffirm India’s commitment to checks and balances within the legislature. In the words of PDT Achary, “The majesty of the Constitution lies not in lofty text but in diligent compliance.”
UPSC PAST YEAR QUESTION:
Q. ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? 2020
MAINS PRACTICE QUESTION:
Q. The prolonged vacancy of the Deputy Speaker of the Lok Sabha reveals deeper fault lines in India’s constitutional governance, majoritarian trends, and weakening of parliamentary conventions. Analyse the implications of the Deputy Speaker’s vacancy.
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