Vacancy in the Office of the Deputy Speaker of the Lok Sabha

The Deputy Speaker of the Lok Sabha, a crucial constitutional office, has remained vacant since 2019, when the 17th Lok Sabha was formed. This prolonged vacancy raises serious concerns about constitutional adherence, institutional balance, and the health of India’s parliamentary democracy.

• Article 93 of the Constitution mandates that the House of the People (Lok Sabha) should choose a Speaker and a Deputy Speaker as soon as possible after the formation of the House. However, there is no prescribed timeline, leading to ambiguity and political discretion over the matter.

• The Rules of Procedure and Conduct of Business in Lok Sabha also fail to enforce a time-bound election for the Deputy Speaker, thus enabling the political executive to manipulate the timeline.

Historical Context

• Origin of the Institution: The institution of the Speaker and Deputy Speaker originated under the Government of India Act, 1919, where they were referred to as President and Deputy President.

• First Office Bearers: The first Speaker of the independent Lok Sabha was G.V. Mavalankar, and the first Deputy Speaker was Ananthasayanam Ayyangar.

• Tradition of Bipartisan Allocation: Traditionally, the position of Deputy Speaker has been allocated to the Opposition party, reflecting a spirit of bipartisan cooperation, ensuring that both the ruling and opposition benches have a stake in the functioning of Parliament.

Roles and Responsibilities of the Deputy Speaker

The Deputy Speaker has several important responsibilities:

1. Presiding Officer: In the absence of the Speaker, the Deputy Speaker steps in to preside over House proceedings.

2. Chairing Committees: The Deputy Speaker can also chair parliamentary committees, ensuring smooth functioning.

3. Casting Vote: In the event of a tie during a vote, the Deputy Speaker exercises a casting vote to break the deadlock.

4. Maintaining Decorum: The Deputy Speaker is responsible for maintaining the order of the House, ensuring that the rules of procedure are adhered to.

5. Accountability: The Deputy Speaker is not subordinate to the Speaker but is directly accountable to the House, ensuring the independence of the position.

Issues Arising from the Vacancy

1. Centralisation of Power:

   • With the Speaker’s office being traditionally held by the ruling party, the absence of a Deputy Speaker (typically from the Opposition) leads to an unchecked concentration of power in the Speaker’s hands, which is not ideal in a democratic system.

2. Breakdown of Constitutional Morality:

   • While the delay in appointing a Deputy Speaker is legally permissible, the indefinite delay reflects a lack of respect for constitutional conventions and the democratic spirit enshrined in the Constitution.

3. Undermining Consensus Politics:

   • The absence of the Deputy Speaker denies the Opposition a formal role in the functioning of Parliament, affecting deliberative democracy and curtailing the bipartisan spirit of governance.

4. Functional and Procedural Risks:

   • In case of a sudden resignation or incapacity of the Speaker, the absence of a Deputy Speaker could result in a leadership vacuum, disrupting the functioning of the Lok Sabha.

5. Global Comparisons:

   • In Westminster-style democracies such as the UK and Canada, the position of Deputy Speaker is filled promptly through bipartisan consultation, ensuring that the office’s continuity and legitimacy are maintained. India, by contrast, has allowed political considerations to delay this essential appointment.

Way Forward

1. Statutory Timeline:

   • A statutory timeline should be introduced to mandate the election of the Deputy Speaker within a fixed period (e.g., 60 days) after the constitution of the Lok Sabha. This would bring clarity and enforce accountability.

2. Judicial Clarification:

   • In 2021, the Supreme Court of India admitted a petition regarding the delay in appointing a Deputy Speaker. A definitive ruling could help reinforce constitutional accountability, ensuring that constitutional offices are not left vacant for extended periods.

3. Strengthening Parliamentary Norms:

   • The convention of allocating the Deputy Speakership to a member of the Opposition should be codified. This would protect the democratic balance and ensure that the Opposition remains an integral part of Parliament’s functioning.

4. Presidential Oversight:

   • The President of India, as the guardian of the Constitution, could be empowered to remind or advise the House regarding the timely appointment of the Deputy Speaker, ensuring that constitutional duties are fulfilled.

Conclusion

The vacancy in the Deputy Speaker’s office is not just an administrative lapse; it reflects a systemic malaise within the functioning of India’s democratic institutions.

• The politicisation of constitutional offices undermines the principles of bipartisanship, deliberative democracy, and institutional balance.

• The appointment of the Deputy Speaker should not be left to political bargaining or delay. It is essential for the continuity of Parliament and for upholding the spirit of the Constitution.