Article 95

Article 95 of the Constitution of India provides for the continuity of leadership and functioning in the Lok Sabha (House of the People) during periods when the Speaker or Deputy Speaker is either absent or when their offices are vacant. This provision is crucial for maintaining the uninterrupted conduct of parliamentary business, ensuring that the proceedings of the Lok Sabha continue smoothly under all circumstances.

Constitutional Context and Framework

The Lok Sabha, as the directly elected House of Parliament, conducts vital legislative and deliberative functions. Its effective operation requires a presiding officer at all times. Recognising this need, Article 95 establishes a clear constitutional mechanism to deal with contingencies such as the vacancy or absence of the Speaker and Deputy Speaker.
The Article reflects the framers’ intent to ensure that no vacuum in parliamentary authority hampers the House’s legislative work, thereby safeguarding the principles of democratic continuity and procedural order.

Key Provisions of Article 95

Article 95 consists of two main clauses that outline the hierarchy and process for performing the duties of the Speaker:

1. Clause (1): Duties During Vacancy
   • When the office of the Speaker is vacant, the Deputy Speaker shall perform the duties of the Speaker.
   • When both the offices of the Speaker and the Deputy Speaker are vacant, a member of the Lok Sabha appointed by the President of India shall perform the duties of the Speaker until a new Speaker or Deputy Speaker is elected.

   This ensures that there is always an authorised presiding officer available to conduct the business of the House.

2. Clause (2): Duties During Absence
   • When the Speaker is absent from a sitting of the House, the Deputy Speaker presides over the proceedings.
   • If both the Speaker and Deputy Speaker are absent, a member determined by the rules of procedure of the Lok Sabha acts as the presiding officer.
   • If the rules do not provide for such a member or if the designated person is unavailable, the House itself elects a member to act as the Speaker for that particular sitting.

Through this framework, Article 95 guarantees that legislative deliberations and decision-making are never stalled due to leadership unavailability.

Relationship with Related Constitutional Provisions

Article 95 functions in coordination with several other constitutional provisions that collectively regulate the offices of the Speaker and Deputy Speaker:

• Article 93: Provides for the election of the Speaker and Deputy Speaker by the Lok Sabha.
• Article 94: Prescribes the conditions for vacation, resignation, and removal from these offices.
• Article 96: Restricts the Speaker and Deputy Speaker from presiding during debates on resolutions for their removal.

Together, these Articles form a comprehensive constitutional framework ensuring institutional stability and procedural continuity within the Lok Sabha.

Significance and Objectives of Article 95

The importance of Article 95 lies in its role as a constitutional safeguard for the uninterrupted functioning of the Lok Sabha. Its objectives can be summarised as follows:

• Ensures Continuity of Leadership: Prevents disruptions by designating alternate presiding arrangements in the absence or vacancy of leadership.
• Maintains Legislative Stability: Guarantees that proceedings continue smoothly without procedural confusion.
• Preserves Democratic Accountability: Upholds the rule that the House, as a self-governing body, always remains under an internal presiding authority.
• Protects Institutional Dignity: Prevents external interference by providing a constitutionally defined hierarchy of succession.

This provision upholds the constitutional principle of seamless governance within the parliamentary system.

Procedural Aspects

The Rules of Procedure and Conduct of Business in the Lok Sabha detail how Article 95 operates in practice:

• The Deputy Speaker automatically presides in the absence of the Speaker.
• The Speaker, under Rule 9, may appoint a panel of Chairpersons (from among members) to preside over the sittings of the House in the absence of both the Speaker and Deputy Speaker.
• When the House is in session, if neither the Speaker, the Deputy Speaker, nor any panel member is available, the House elects a member to preside over that particular sitting.

These procedures guarantee a clear and democratic chain of authority, ensuring order and decorum during parliamentary deliberations.

Comparative Perspective

The arrangement under Article 95 parallels the provisions applicable to the Council of States (Rajya Sabha) under Article 91, which empowers the Deputy Chairman or other designated members to act in the absence of the Chairman (Vice-President). This symmetry reinforces the uniformity of parliamentary practice across both Houses of Parliament.

Judicial Interpretation and Relevant Case Law

Although there are no direct Supreme Court cases interpreting Article 95, judicial rulings on related provisions and the Speaker’s role have affirmed the constitutional principles underlying this Article:

• K. K. Verma v. Union of India (1954): The Court recognised the Speaker’s authority to regulate proceedings and maintain order, affirming the presiding officer’s central role in parliamentary governance.
• Rameshwar Prasad v. Union of India (2006): Highlighted the Speaker’s quasi-judicial responsibilities under the Tenth Schedule (Anti-Defection Law), indirectly affirming the need for continuity in the presiding office.
• K. S. Puttaswamy v. Union of India (2017): While primarily addressing privacy, the Court reiterated the constitutional sanctity of institutional offices like the Speaker, whose functions embody the values of accountability and transparency.

These judgments, though not directly addressing Article 95, reinforce its essence — that the presiding authority of the House is indispensable to democratic governance.

Historical Context

The origins of Article 95 trace back to the British parliamentary system, where the House of Commons always ensures that a presiding officer is available to conduct business. The Indian Constitution adopted and adapted this practice to suit its bicameral parliamentary democracy.
During the Constituent Assembly Debates, members such as Gopalaswami Ayyangar and Dr. B.R. Ambedkar emphasised that provisions for continuity were vital to prevent a legislative impasse, particularly during transitions or emergencies.

Practical Implications

In practice, Article 95 ensures that:

• Legislative functions remain uninterrupted even in the event of a vacancy or absence of the Speaker and Deputy Speaker.
• The President’s power to appoint a member in case of dual vacancy serves as a constitutional backup for maintaining order and legitimacy.
• The House retains self-governance by electing or designating members to preside when necessary.

These provisions have allowed the Lok Sabha to function seamlessly through changes in leadership, ensuring that its deliberative and legislative processes are not dependent on individual office-holders.

Importance in the Parliamentary System

Article 95 embodies the principle of institutional continuity, which is essential for the functioning of a parliamentary democracy.

• It ensures that every sitting of the Lok Sabha has a presiding authority vested with the constitutional power to conduct business.
• It prevents any legislative paralysis by pre-empting situations of leadership vacuum.
• It strengthens the autonomy of the legislature, affirming that the House governs itself within constitutional limits.

Thus, the Article reinforces the balance between constitutional order and democratic flexibility within India’s parliamentary structure.

Contemporary Relevance

In modern parliamentary practice, the provisions of Article 95 have gained renewed importance, especially in situations involving delays in the election of the Deputy Speaker or extended absences of the Speaker. The Article ensures that such political or procedural gaps do not affect the legislative agenda or accountability mechanisms of the House.
It also highlights the need for timely election and appointment of presiding officers, ensuring that the leadership of the House remains functional and representative of its collective will.

Conclusion

Article 95 of the Indian Constitution serves as a guarantee of institutional continuity and functional stability within the Lok Sabha. By designating the Deputy Speaker, an appointee of the President, or another member to act as the Speaker in cases of vacancy or absence, it ensures that the legislative process remains uninterrupted.