Article 93

Article 93 of the Constitution of India provides for the election and functioning of the Speaker and Deputy Speaker of the House of the People, commonly known as the Lok Sabha. These offices form the cornerstone of the parliamentary structure, ensuring order, impartiality, and continuity in the functioning of the lower chamber of Parliament.

Constitutional Provision and Framework

Article 93, contained in Part V, Chapter II of the Constitution, states:

“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 or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.”

This provision obligates the Lok Sabha to elect two of its members to these key positions as soon as possible after its constitution. It also provides for the filling of vacancies whenever they occur, ensuring uninterrupted parliamentary leadership.

Election of the Speaker and Deputy Speaker

1. Election of the Speaker
   • The Speaker is elected by the members of the Lok Sabha from among themselves.
   • The election is conducted by the President of India, who fixes the date for the same.
   • The Speaker is usually chosen by consensus among political parties, though a formal vote may be held if required.
2. Election of the Deputy Speaker
   • The Deputy Speaker is also elected by the members of the Lok Sabha from among themselves.
   • The election takes place after the Speaker’s election, often ensuring representation from the opposition party or coalition, by parliamentary convention.
3. Majority Required
   • Both offices are filled by a simple majority of the members present and voting.
   • The candidates must be sitting members of the Lok Sabha at the time of election.

This democratic procedure guarantees that the presiding officers derive their authority directly from the House itself.

Tenure and Vacation of Office

• The Speaker and Deputy Speaker hold office until the dissolution of the Lok Sabha, unless they resign or are removed earlier.
• The Speaker may resign by writing to the Deputy Speaker, and the Deputy Speaker may resign by writing to the Speaker.
• They can be removed from office by a resolution of the Lok Sabha, passed by a majority of all the then members of the House. A 14-day notice must be given before moving such a resolution.
• When the Lok Sabha is dissolved, the Speaker continues to hold office until a new Speaker is elected by the next House.

This ensures continuity and stability in the parliamentary process, even during transitional phases.

Roles and Responsibilities of the Speaker

The Speaker of the Lok Sabha occupies a central and impartial position in the parliamentary system. As the presiding officer, the Speaker’s powers extend over the entire functioning of the House.
Key Functions:

• Presiding Authority: The Speaker presides over sittings of the Lok Sabha, ensuring order, decorum, and discipline.
• Interpretation of Rules: The Speaker interprets the rules of procedure and practices of the House.
• Decisions on Points of Order: The Speaker’s rulings on procedural questions are final and binding.
• Legislative Management: The Speaker decides which bills, resolutions, and motions are admissible for discussion.
• Adjournment and Suspension: The Speaker has the power to adjourn or suspend the House in case of disorderly conduct.
• Casting Vote: In case of a tie, the Speaker exercises a casting vote to determine the outcome.
• Disciplinary Powers: The Speaker may suspend or expel members for grave disorder or breach of privilege.

In addition, the Speaker plays a crucial role under the Tenth Schedule (Anti-Defection Law), deciding on the disqualification of members for defection.

The Deputy Speaker

The Deputy Speaker assists the Speaker in the discharge of duties and acts as the presiding officer in the latter’s absence.
Powers and Functions:

• Presides over sittings when the Speaker is unavailable.
• Exercises the same powers as the Speaker while presiding.
• Represents the Lok Sabha in inter-parliamentary and ceremonial functions when deputed.
• Ensures continuity of parliamentary leadership in the absence of the Speaker.

If both the Speaker and Deputy Speaker are absent, a member appointed by the President or elected by the House presides over the sitting.

Impartiality and Political Neutrality

While the Speaker and Deputy Speaker are elected on a political basis, the Constitution and parliamentary conventions require them to act with absolute impartiality.

• The Speaker is expected to sever party ties after election, functioning as a neutral arbiter of the House.
• The Deputy Speaker, although allowed to retain party affiliation, must act without bias when presiding.

This impartiality is vital for maintaining public trust and the legitimacy of the legislative process.

Removal Procedure

• The Speaker or Deputy Speaker can be removed by a resolution of the Lok Sabha passed by a majority of all the then members of the House.
• Fourteen days’ notice must be given before moving the resolution.
• The Speaker or Deputy Speaker cannot preside during the consideration of such a motion (as provided under Article 96).
• The House elects another member to preside over such sittings.

This ensures fairness and constitutional propriety during the removal process.

Judicial Interpretation and Landmark Cases

Although Article 93 itself has not been directly interpreted by courts, several judgments have clarified the powers and functions of the Speaker:

• Keshav Singh v. Speaker, Legislative Assembly, U.P. (1965): The Supreme Court affirmed the Speaker’s authority to maintain discipline and take action for breach of privilege.
• Rameshwar Prasad v. Union of India (2006): The Court held that the Speaker’s actions under the Tenth Schedule are subject to judicial review, ensuring accountability even for high constitutional authorities.
• Raja Ram Pal v. Speaker, Lok Sabha (2007): Reiterated that while parliamentary proceedings are largely immune from judicial scrutiny, acts that violate constitutional provisions can be reviewed by the courts.

These decisions collectively balance the Speaker’s autonomy with constitutional accountability.

Significance in India’s Parliamentary Democracy

The offices of the Speaker and Deputy Speaker are indispensable to the functioning of the Lok Sabha. Their significance lies in:

• Upholding order, discipline, and decorum in the House.
• Safeguarding parliamentary privileges and rights of members.
• Ensuring fair representation of both the ruling and opposition parties.
• Acting as the symbol of the House’s dignity and authority.
• Facilitating cooperation between the executive and legislature.

The Speaker, as the custodian of parliamentary traditions, plays a vital role in ensuring that debates remain meaningful and democratic principles are upheld.

Historical Context and Evolution

The constitutional design of Article 93 draws inspiration from the British parliamentary system, where the Speaker of the House of Commons serves as a non-partisan presiding officer. The framers of the Indian Constitution adopted this model to maintain continuity with established legislative traditions while adapting it to India’s democratic ethos.
The first Speaker of independent India was G.V. Mavalankar (1952–1956), who set high standards of neutrality and procedural discipline, which continue to guide subsequent Speakers.

Contemporary Relevance

In modern parliamentary practice, Article 93 remains central to ensuring effective legislative governance. The Speaker’s role has expanded due to increasing procedural complexities, coalition politics, and challenges to parliamentary decorum. The Deputy Speaker’s election, though sometimes delayed, remains a constitutional obligation that underscores the principle of shared responsibility in the functioning of the House.

Conclusion

Article 93 of the Indian Constitution establishes the foundational offices of the Speaker and Deputy Speaker in the Lok Sabha, ensuring leadership, order, and impartiality in the conduct of parliamentary business. By mandating the election of these officers from among the members and defining their tenure, powers, and accountability, the Article fortifies the democratic and procedural integrity of India’s lower House of Parliament.