Article 95 of Indian Constitution: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

The Indian Constitution is a comprehensive document that outlines the framework of governance in the country. It provides for the roles and responsibilities of various positions within the government, including the Speaker of the Lok Sabha, which is the lower house of the Parliament of India. Article 95 of the Indian Constitution deals with the power of the Deputy Speaker or any other person to perform the duties of the office of, or to act as, Speaker.

Understanding the Role of the Speaker

The Speaker of the Lok Sabha is a crucial position in the Indian parliamentary system. The Speaker is the presiding officer of the Lok Sabha and is responsible for maintaining order during the proceedings, interpreting and enforcing the rules of procedure, and ensuring that the rights of members are protected. The Speaker also has the authority to decide on points of order, admit or reject motions, and cast a vote in the event of a tie.

Given the importance of the Speaker's role, it is essential to have a provision in place for the smooth functioning of the Lok Sabha in case the Speaker is unavailable or unable to perform their duties. This is where Article 95 comes into play.

Article 95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

Article 95 of the Indian Constitution states:

(1) 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 Lok Sabha as may be determined by the rules of procedure of the House.

(2) During the absence of the Speaker from any sitting of the House, the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if there is no such person, such other person as may be determined by the House, shall act as Speaker.

From the above provision, it is clear that in the absence of the Speaker, the Deputy Speaker assumes the responsibilities of the office. If the Deputy Speaker's position is also vacant, the rules of procedure of the Lok Sabha determine which member of the House will perform the duties of the Speaker.

Furthermore, Article 95 also addresses the situation where the Speaker is absent from a sitting of the House. In such cases, the Deputy Speaker will act as the Speaker. If the Deputy Speaker is also absent, the rules of procedure of the House will determine the person who will act as the Speaker. If no such person is available, the House itself will decide on an appropriate person to act as the Speaker.

Significance of Article 95

Article 95 plays a vital role in ensuring the smooth functioning of the Lok Sabha. It provides a clear mechanism for the temporary transfer of the Speaker's powers and responsibilities in case of their absence or unavailability. This ensures that the proceedings of the Lok Sabha can continue without interruption and that the rights of the members are protected.

The provision also highlights the importance of having a Deputy Speaker in place. The Deputy Speaker serves as the immediate backup for the Speaker and is responsible for maintaining order and conducting the proceedings in the Speaker's absence. The presence of a Deputy Speaker ensures that there is always someone available to perform the duties of the Speaker, thereby preventing any disruption in the functioning of the Lok Sabha.

Additionally, Article 95 recognizes the need for a structured framework to determine the person who will act as the Speaker in the absence of both the Speaker and the Deputy Speaker. This ensures that the decision is made in accordance with the rules of procedure or by the House itself, thereby upholding the democratic principles of the Indian parliamentary system.

Conclusion

Article 95 of the Indian Constitution is a crucial provision that outlines the power of the Deputy Speaker or any other person to perform the duties of the office of, or to act as, Speaker in the Lok Sabha. This provision ensures the smooth functioning of the House in the absence of the Speaker and highlights the significance of having a Deputy Speaker in place. By providing a clear mechanism for the transfer of powers and responsibilities, Article 95 upholds the democratic principles of the Indian parliamentary system and ensures the efficient functioning of the Lok Sabha.