UPSC Prelims 2022 Q20: Deputy Speaker of Lok Sabha — Explained

With reference to Deputy Speaker of Lok Sabha, consider the following statements:

1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.

2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.

3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings.

4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister.

Which of the statements given above are correct?

  1. 1 and 3 only
  2. 1, 2 and 3
  3. 3 and 4 only
  4. 2 and 4 only

Answer: (a) 1 and 3 only

Statement-wise explanation

  • 1: correct — Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha says the Deputy Speaker's election shall be held on such date as the Speaker may fix. The Secretary-General then sends every member notice of that date. The Speaker's own election is different: the President fixes that date.
  • 2: incorrect — No provision in the Constitution or the Lok Sabha Rules says which party the Deputy Speaker must come from. Article 93 only says the House shall choose two of its members as Speaker and Deputy Speaker. Giving the post to the Opposition is a convention, and it has been broken many times. For example, M. Thambidurai of the AIADMK, then an ally of the government, held the post in the 16th Lok Sabha.
  • 3: correct — When the Deputy Speaker presides over a sitting, they have the same powers as the Speaker. Every reference to 'the Speaker' in the Rules is read as a reference to them. Their rulings are final, and no appeal lies to the Speaker against them. They are independent of the Speaker, not subordinate to the Speaker.
  • 4: incorrect — No such practice exists. Under Rule 8, any member may give notice of a motion proposing another member for the post, and a third member seconds it. The Speaker presides over the election and does not move the motion. The Speaker's role in the process is to fix the date.

How to eliminate

Statement 2 says 'mandatory provision' and 'either the principal opposition party or the ruling party'. Basic polity tells you which party gets the post is decided by convention, not by law. So Statement 2 is false, and you can strike out the two options that contain it. That leaves '1 and 3 only' and '3 and 4 only'. Both contain Statement 3, so the question comes down to Statement 1 versus Statement 4. Statement 4 asks you to picture the Speaker, a neutral presiding officer, moving a motion and the Prime Minister seconding it. That does not fit how any parliamentary motion works. Members move and second motions; the chair does not. Statement 1 fits the rule that the Speaker controls the House's business. If you know one fact, you can solve it: under Rule 8, the Speaker fixes the date of the Deputy Speaker's election.

Know more

The Deputy Speaker: constitutional basis

The Deputy Speaker is the second presiding officer of the Lok Sabha. The first was M. A. Ayyangar (1952).

Provision What it says
Art. 93 The House shall, 'as soon as may be', choose a Speaker and a Deputy Speaker
Art. 94 The post is vacated on ceasing to be a member, on resignation (addressed to the Speaker), or on removal by a resolution passed by a majority of all the then members, after 14 days' notice
Art. 95 Performs the Speaker's duties when that office is vacant, and acts as Speaker when the Speaker is absent
Art. 96 Cannot preside while a resolution for their own removal is under consideration
Art. 100 Whoever presides has a casting vote only in a tie
Rule 8 The Speaker fixes the election date; any member proposes a candidate by motion, and another member seconds it

Speaker vs Deputy Speaker: election

Speaker Deputy Speaker
Who fixes the date President Speaker
Resignation addressed to Deputy Speaker Speaker

Conventions, not law

  • The post usually goes to the Opposition. PRS traces this practice to the Morarji Desai government. Many holders, however, came from parties friendly to the government, such as AIADMK's M. Thambidurai in the 16th Lok Sabha.
  • Elections usually happen in the first or second session. The Constitution sets no deadline, though some states, such as Haryana, set one by rule.

Independence The Deputy Speaker is not subordinate to the Speaker. When presiding, they use the Speaker's full powers, and no appeal lies to the Speaker against their rulings. When the Speaker's office is vacant, they can also decide disqualification petitions under the Tenth Schedule. If appointed to a parliamentary committee, they become its chairman automatically.

In the news

No Deputy Speaker was elected after the 17th Lok Sabha began in June 2019. By 2021–22 this was the longest vacancy in the post's history, and the delay was widely debated. Several state Assemblies also had the post vacant.

NCERT Concepts to Revise

  • Deputy Speaker: Every statement tests a feature of this office: its election date, party convention, powers while presiding and the election motion.
  • Speaker of the Lok Sabha: Statements 1, 3 and 4 depend on how the Speaker's role relates to the Deputy Speaker's election and rulings.

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