Initiate proceedings to elect deputy speaker, says Kharge in a letter to Modi

Context

• In a letter to Prime Minister Narendra Modi on Tuesday, Congress president Mallikarjun Kharge said that keeping the position of the Deputy Speaker of the Lok Sabha vacant “does not augur well for India’s democratic polity and is also in violation of well laid out provisions of the Constitution”.

• Article 93 of the Constitution of India mandates the election of both the Speaker and the Deputy Speaker of the House of the People. Constitutionally, the Deputy Speaker is the second-highest presiding officer of the House after the Speaker.

• From the first to the 16th Lok Sabha, every House has had a Deputy Speaker.

• It has been a well-established convention to appoint the Deputy Speaker from among the members of the principal Opposition party

• “However, for the first time in Independent India’s history, this position has remained vacant for two consecutive Lok Sabha terms,” he said.

• Whenever the Deputy Speaker’s post becomes vacant, the Lok Sabha elects a new member to fill the position.

• The position of Deputy Speaker originated in the Central Legislative Assembly under British rule, known then as the "Deputy President." Sachidanand Sinha was the first to hold this post in 1921.

• After independence, M. Ananthasayanam Ayyangar became the first elected Deputy Speaker of India’s Lok Sabha.

• In 1956, following Speaker GV Mavalankar’s demise, Ayyangar served as Acting Speaker and was later elected Speaker of the second Lok Sabha.

Deputy Speaker

• Article 93: It provides that Lok Sabha must, as soon as may be, choose 2 members of the House to be respectively Speaker and Deputy Speaker.

• Article 94: It provides the procedures for the vacation, resignation and removal of the Speaker and Deputy Speaker of the House of People or Lok Sabha.

• Article 95(1): The Deputy Speaker performs the Speaker’s duties when the Speaker’s post is vacant and exercises the same powers while presiding over the House.

• All references to the “Speaker” in the Rules are deemed to be references to the Deputy Speaker as well for the times when he or she presides.

• The Deputy Speaker, (as well as Speaker) is elected from among Lok Sabha members by a simple majority of those present and voting.

• Rules of Procedure and Conduct of Business in Lok Sabha governs the election.

• The Speaker fixes the date for electing the Deputy Speaker.

• The opposition party has held the post of Deputy Speaker of Lok Sabha on several occasions. (But it is not mandated neither by constitution nor by any law, just a convention).

• No separate oath is required; only the MP's oath under the Third Schedule suffices.

Tenure & Removal

• The Deputy Speaker, like the Speaker, holds office during the life of the Lok Sabha but may vacate it earlier in the following cases:

a)Ceases to be a Lok Sabha member;

b)Resigns by writing to the Speaker;

c)Removed by a resolution passed by a majority of the total Lok Sabha membership (absolute majority), with 14 days’ prior notice.