Article 95(1)

Article 95(1) of the Constitution of India specifies the procedure for performing the duties of the Speaker of the Lok Sabha when the Speaker’s office is vacant or when the Speaker is unable to perform his or her functions. It is one of the key provisions ensuring the continuity of parliamentary proceedings in the House of the People and forms part of the broader constitutional framework dealing with the presiding officers of the Lok Sabha (Articles 93 to 97).

Background

In a parliamentary system based on the Westminster model, the offices of the Speaker and Deputy Speaker play a crucial role in maintaining order, conducting debates, and upholding the rules of procedure. The framers of the Indian Constitution sought to ensure that the Lok Sabha always has a functioning presiding authority, even when the Speaker’s office falls vacant due to resignation, removal, or any other reason.
Article 95 was therefore included to provide a succession mechanism and to ensure that the work of the House does not come to a standstill during such contingencies.

Text of Article 95(1)

The exact text of Article 95(1) reads as follows:
“While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker, or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose.”
This provision ensures that at no point is the Lok Sabha left without an authority to preside over its sessions.

Meaning and Scope

Article 95(1) provides a three-tier system for the discharge of the Speaker’s functions:

1. Primary Authority – Deputy Speaker: When the office of the Speaker becomes vacant, the Deputy Speaker automatically assumes the responsibilities and performs the functions of the Speaker. This includes presiding over the sittings of the House, maintaining order, and overseeing procedural matters.
2. Secondary Authority – Member Appointed by the President: If the office of the Deputy Speaker is also vacant, the President of India may appoint a member of the Lok Sabha to perform the duties of the Speaker until a new Speaker or Deputy Speaker is elected. The appointment by the President ensures impartiality and prevents disruption of parliamentary work.
3. Temporary Nature: The arrangement is temporary and intended only to ensure continuity. The elected Speaker or Deputy Speaker must be chosen as soon as possible by the House to restore normalcy.

Purpose and Constitutional Intent

The objective of Article 95(1) is to guarantee the uninterrupted functioning of the Lok Sabha. The House cannot transact official business, pass bills, or conduct debates without a presiding officer. By designating a clear line of succession, the Constitution ensures that legislative work is not obstructed by vacancies or incapacities.
The inclusion of the President’s power to appoint a member when both posts are vacant also reflects the balance between executive formality and parliamentary autonomy—the President’s role here is purely administrative and does not interfere with the internal functioning of the House.

Relationship with Other Provisions

• Article 93: Provides for the election of the Speaker and Deputy Speaker by the House of the People.
• Article 94: Deals with the vacation, resignation, and removal of the Speaker or Deputy Speaker.
• Article 95(2): Provides that during the absence of the Speaker from any sitting, the Deputy Speaker or another person determined under the rules of procedure presides over the sitting.
• Article 97: Specifies the salaries and allowances of the Speaker and Deputy Speaker, to be determined by Parliament.

Together, these articles ensure a complete institutional framework for the leadership of the Lok Sabha.

Practical Application

In practice, Article 95(1) has been invoked whenever the office of the Speaker fell vacant due to resignation, death, or other circumstances. The Deputy Speaker typically performs the Speaker’s duties until the House elects a new Speaker.

• For instance, when a sitting Speaker resigns before the dissolution of the Lok Sabha, the Deputy Speaker continues to preside over proceedings in accordance with Article 95(1).
• In rare cases where both posts are vacant, the President appoints a senior or experienced member to act as Speaker temporarily, ensuring the constitutional machinery of Parliament remains functional.

Constitutional Significance

Article 95(1) embodies the constitutional principle of continuity of governance. The framers of the Constitution were conscious that the Speaker is indispensable to the functioning of the House and therefore designed a mechanism that prevents procedural paralysis.
This provision also reinforces the autonomy of the Legislature by ensuring that even in transitional phases, the House’s work is conducted by its own members rather than by external authorities. The President’s limited role under Article 95(1) maintains respect for parliamentary sovereignty while providing a safeguard against a legislative vacuum.