Best NDA Coaching Lucknow for NDA, CDS, SSB Written Exam Preparation in India

Best NDA Coaching Lucknow for NDA, CDS, SSB Written Exam Preparation in India

Best NDA Coaching Lucknow for NDA, CDS, SSB Written Exam Preparation in India

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NDA Coaching Lucknow
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Written by Prashant Singh Sir WDA

The missing Dy speaker: the post, and what the Constitution says

THE SUPREME Court on Monday issued notices to the Centre and five states – Rajasthan, Uttarakhand, Madhya Pradesh, Uttar Pradesh, and Jharkhand-over the failure to elect a Deputy Speaker.

A Bench led by Chief Justice of India (CJI) D Y Chandrachud sought responses on a PIL that contends that not electing a Deputy Speaker to the 17th (present) Lok Sabha, which was constituted on June 19, 2019, is “against the letter and spirit of the Constitution”. #NDA Coaching Lucknow

The post has been lying vacant in the five state Assemblies as well, which were constituted between four years and almost one year ago, the plea states. (Shariq Ahmed v. Union of India and Ors)

What does the Constitution say about the Deputy Speaker?

Article 93 says “The House of the People shall, as soon as may be, choose two members…to be…Speaker and Deputy Speaker….and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member…”

Article 178 contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state. #NDA Coaching Lucknow

Is it mandatory to have a Deputy Speaker?

Constitutional experts point out that both Articles 93 and 178 use the word “shall”, indicating that the election of Speaker and Deputy Speaker is mandatory under the Constitution.

How soon must the Deputy Speaker be elected?

“As soon as may be”, say Articles 93 and 178. But they do not lay down a specific time frame.

In general, the practice in both Lok Sabha and the state Assemblies has been to elect the Speaker during the (mostly short) first session of the new House – usually on the third day after the oath-taking and affirmations over the first two days. #NDA Coaching Lucknow

The election of the Deputy Speaker usually takes place in the second session and is generally not delayed further in the absence of genuine and unavoidable constraints.

Rule 8 of The Rules of Procedure and Conduct of Business in Lok Sabha says the election of Deputy Speaker “shall be held on such date as the Speaker may fix”. The Deputy Speaker is elected once a motion pro-posing his name is carried in the House. #NDA Coaching Lucknow

Once elected, the Deputy Speaker usually continues in office for the entire duration of the House. Under Article 94 (Article 179 for state legislatures), the Speaker or Deputy Speaker “shall vacate his office if
he ceases to be a member of the House…”. They may also resign to each other, or “maybe removed from…office by a resolution of the House of the People passed by a majority of all the then members of the House”.

How was the post of Deputy Speaker envisaged?

On May 19, 1941, HV Kamath argued in the Constituent Assembly that if the Speaker resigns, “it will be far better if he addresses his resignation to the President and not to the Deputy Speaker, because the Deputy Speaker holds an office subordinate to him”. #ArmyGD

Dr BR Ambedkar disagreed – and pointed out that a person normally tenders his resignation to the person who has appointed him. #NDA Coaching Lucknow

“…The Speaker and the Deputy Speaker are…appointed or chosen or elected by the House. Consequently, these two people, if they want to resign, must tender their resignations to the House which is the appointing authority. Of course, the House being a collective body of people, a resignation could not be addressed to each member of the House separately.

Consequently, the provision is made that the resignation should be addressed either to the Speaker or to the Deputy Speaker because it is they who represent the House,” he said.

When Neelam Sanjiva Reddy resigned as Speaker of the 4th Lok Sabha on July 19, 1969, addressed his resignation to the Deputy Speaker. #NDA Coaching Lucknow

But what happens if the post of Deputy Speaker is vacant? “The House is informed of the resignation of the Speaker by the Deputy Speaker and if the office of the Deputy Speaker is vacant, by the Secretary-General who receives the letter of resignation in that House. The resignation is notified in the Gazette and the Bulletin,” say the Rules for Presiding Officers of Lok Sabha.

Do the powers of the Speaker extend to the Deputy Speaker as well?

Article 95(1) says: “While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker”. In general, the Deputy Speaker has the same powers as the Speaker when presiding over a sitting of the House. All references to the Speaker in the Rules are deemed to be references to the Deputy Speaker when he presides. #NDA Coaching Lucknow

It has been repeatedly held that no appeal lies to the Speaker against a ruling given by the Deputy Speaker or any person presiding over the House in the absence of the Speaker.

What is the position of the Union government on the current vacancy in the post of Deputy Speaker?

The Treasury benches have maintained there is no “immediate requirement” for a Deputy Speaker as “bills are being passed and discussions are being held” as normal in the House. A Minister argued that “there is a panel of nine members – senior, experienced and selected from different parties – who can act as chairpersons to assist the Speaker to run the House”. #NDA Coaching Lucknow

This panel of nine has Rama Devi, Kirit P Solanki, and Rajendra Agrawal of the BJP; Kodikunnil Suresh of the Congress; A Raja of the DMK; P V Midhun Reddy (YSRCP); Premachandran (RSP); and Kakoli Ghosh Dastidar (TMC). Bhartruhari Mahtab (BJD); N K Premachandran (RSP); and Kakoli Ghosh Dastidar (TMC). It has been usual practice to offer the post of Deputy Speaker to the Opposition Charanjit Singh Atwal (SAD, then a constituent of NDA) was Deputy Speaker during 2004-09 when UPA-I was in power, Kariya Munda (BJP) occupied the post during 2009- 14 (UPA-2), and M Thambidurai (AIADMK) was Deputy Speaker during the first Narendra Modi government (2014-19).

Can the courts intervene in cases of a delay in electing the Deputy Speaker?

In September 2021, a petition was filed before the Delhi High Court, which argued that delay in the election of the Deputy Speaker violated Article 93 (Pawan Reley v. Speaker, Lok Sabha & Ors). However,
there is no precedent of a court forcing the legislature to elect the Deputy Speaker.

Courts usually don’t intervene in the procedural conduct of Parliament. Article 122(1) says: “The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged
irregularity of procedure.” #NDA Coaching Lucknow

However, experts said that the courts do have jurisdiction to at least inquire into why there has been no election to the post of Deputy Speaker since the Constitution does envisage an election “as soon as may be”

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