The Vedic literature refers to ‘Sabha’, ‘Samiti’, and ‘Sabhapati’. A hymn of Yajurveda says, ‘Salutations to the Assembled and salutations to the President’. An Assembly cannot transact business without electing its Sabhapati or the President. The makers of our Constitution, therefore, made specific provision for the election of the Speaker and Dy Speaker. Article 93 of the Constitution casts an obligation that “the House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof, and so often as the office of Speaker and Deputy Speaker becomes vacant, the House shall choose another member” to fill the vacancy.
The expression used is ‘shall’ and not ‘may’ which, as per the cardinal principle of statutory interpretation, leaves no shred of discretion left with the House. The posts are considered so important that the makers of the Constitution provided not only for choosing the Speaker and the Deputy Speaker as early as possible but made it mandatory for the House to choose another Speaker or Deputy Speaker, as the case may, if any of the post becomes vacant.
The expression, ‘as soon as may be’, cannot be construed that these constitutional posts remain vacant for years indefinitely. The House consists of members and it is for the Government, commanding majority in the House, to hold election to these constitutional posts so as to avoid any constitutional void.
It is in this backdrop that a petition has been filed in the Delhi High Court alleging inaction in filling the constitutional post of the Dy Speaker, Lok Sabha. Obviously, the petitioner is, arguably, well concerned as there has been an unconscionable delay of over 28 months in the election of the Dy Speaker. It may take still longer as the Winter Session of Parliament is yet to convene.
The post of Deputy Speaker, as per well-established parliamentary convention, goes to the opposition. The foundation of this convention was laid way back in 1956 when Sardar Hukum Singh of the Akaali Dal was elected unapposed as Dy Speaker. The Deputy Speakers like G.G. Swell, Shivraj Patil, Mallikarjuaiah, Suraj Bhan, P. M. Syed, Charanjit Singh Atwal, Karia Munda, and Thambidurai too, did not belong to the ruling party.
During the Monsoon session, 2021, when the issue about prolonged delay in the election of the Dy Speaker was raised, the Speaker observed that it was not in his power. Let’s see what the Rule says. Under Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha, ‘the election of the Deputy Speaker shall be held on such date as the Speaker may fix’. However, the fact of the matter is the date for holding election to the post of Dy Speaker is fixed at the initiative of the Government. As a parliamentary convention, the post, though elective, goes to the opposition. The Government plays a decisive role as it commands majority in the House. Government may have behind the curtain consultation and help in the election of a candidate who may be, though from the opposition but not from the principal opposition party. So, Government has the leeway by virtue of its numerical majority to contrive a situation in which the post of Dy Speaker may go to a mellowed-in-tuned-opposition rather than the dominant opposition.
The Deputy Speaker discharges the functions of the Speaker in his absence. He is not subordinate to the Speaker. He holds an independent constitutional post and is answerable to the House and can be removed by the House only. He has the same powers as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings given in the House and cannot be reopened by anyone. He is, like the Speaker, as the Speaker of the British House of Commons pleaded with King Charles who had stormed the House in 1642 thus, ‘Your Majesty, I have neither eyes to see, nor tongue to speak in this place, but as the House is pleased to direct me, whose servant I am here..’
In the absence of the Speaker or due to vacancy in the office of the Speaker, Dy Speaker performs the duties of the office of the Speaker. In 1956, when Speaker G. V. Mavalankar died, Dy Speaker, M. Ananthasayanam Ayyangar filled the void, and later he was elected as Speaker. In 2002 due to the demise of G. M. C. Balayogi, P.M. Syed, Dy Speaker discharged the functions of the Speaker. It was P. M. Syed, the Dy Speaker belonging to the Congress party who presided over the joint sitting of Parliament convened to pass The Prevention of Terrorism Bill, 2002 by the Vajpayee Government. When G. S. Dhillon resigned from the post of Speaker in December, 1975 on being sworn as Minister, Dy Speaker discharged the functions of the office of the Speaker. Similarly, when Neelam Sanjeeva Reddy contested in two different terms the election of the President of the republic, he resigned from the post of Speaker and the Dy Speaker discharged the functions of the Speaker.
Since the matter is sub-judice, the moot question is whether the High Court can direct the Lok Sabha to elect the Dy Speaker. The High Court is empowered to issue appropriate direction to do complete justice in a matter before them. In any case, the Speaker Lok Sabha is on record that it is not his job to appoint the Dy Speaker but of the House to choose one. However, the well-established parliamentary practice is that a motion is moved by the parliamentary affairs minister and duly seconded by the treasury benches or by the opposition, which is carried by the House. With the unanimous election of Sardar Hukum Singh of the Akaali Dal as Dy Speaker in 1956, it has become a sound convention that the ruling party, despite its majority, offers the post to the opposition. When the Dy Speaker is elected, he is duly conducted to his seat by the parliamentary affairs minister and the leader of the opposition. There are instances when prime ministers, namely, Deve Gowda, Atal Bihari Vajpayee, and Dr Man Mohan Singh personally conducted the newly elected Dy Speaker to his seat. Notably, Atal Bihari Vajpayee conducted the Dy Speaker to his seat during the 12th and the 13th Lok Sabha.
Another fascinating aspect is that the post of Deputy Speaker never remained vacant. Even the Britishers, when the central bicameral legislature was set up in 1921 under the GoI Act,1919, the post of Vice President was held by Sachidanand Sinha with Sir Frederick Whyte as the President of the Central Legislative Assembly. The Constituent Assembly, tasked with the responsibility of framing the Constitution, had two Vice Presidents- H.C. Mookherjee and T.T. Krishnamachari. The Provisional Parliament too had a Dy Speaker- Ananthasayanam Ayangar. The Constitution makers therefore rightly made a mandatory provision to have the posts of Speaker and the Dy Speaker filled without any delay, when the new House is constituted and as and when any one of these posts fall vacant. It is the fundamental duty of every citizen and constitutional body to abide by the Consitution and respect its ideals and institutions. The Constitution, more than the citizens, binds the State and, more so, the constitutional bodies, must be exemplar in discharging their constitutional obligation. Minimum government and maximum governance cannot obliterate in its sweep a constitutional provision. If gold rusts, what shall iron do?
The author is ex Addl Secretary, Lok Sabha, and member Delhi Bar Council. Views expressed are personal.
The Deputy Speaker discharges the functions of the Speaker in his absence. He is not subordinate to the Speaker. He holds an independent constitutional post and is answerable to the House and can be removed by the House only. He has the same powers as of the Speaker when presiding over the sitting of the House, and no appeal lies against his rulings given in the House, and cannot be reopened by anyone.