Article 93: The Speaker and Deputy Speaker of the Lok Sabha

The House needs a referee. Article 93 creates the two offices that run the Lok Sabha: the Speaker and the Deputy Speaker. The Speaker is more than a chair. The Speaker guards the House’s privileges and has the final word on Money Bills.

1Chapter 1: The Two Offices

Must Know

What Article 93 says

• The Lok Sabha chooses two of its own members as Speaker and Deputy Speaker.
• It must do this “as soon as may be”.
• Whenever either office falls vacant, the House chooses another member to fill it.

How they leave office (Article 94)

• A Speaker or Deputy Speaker vacates office on ceasing to be a member of the House.
• The Speaker resigns by writing to the Deputy Speaker. The Deputy Speaker resigns by writing to the Speaker.
• Either can be removed by a resolution passed by a majority of all the then members of the House.
• Such a resolution needs at least 14 days’ notice of the intention to move it.
• That notice is addressed in writing to the Secretary-General of the Lok Sabha.

Who presides when

• The Speaker presides over the House and conducts its business.
• The Deputy Speaker performs the Speaker’s duties while that office is vacant, or when the Speaker is absent (Article 95).
• Article 93 only creates the offices. Articles 94 to 96 govern vacating, removal and powers.

2Chapter 2: Election, Tenure and Voting

Good to Know

Election dates

• The President fixes the date for the election of the Speaker.
• The Speaker then fixes the date for the election of the Deputy Speaker.
• No rule requires the Deputy Speaker to come from the ruling or the opposition party.

Tenure

• The Speaker does not leave office when the Lok Sabha is dissolved.
• The Speaker continues until just before the first meeting of the next Lok Sabha.
• This keeps the office filled between two Houses.

Presiding and voting (Article 96)

• While a resolution to remove the Speaker is under consideration, the Speaker shall not preside.
• The Speaker may still be present, may speak, and may vote in the first instance on that resolution. There is no casting vote on it.
• The same rule applies to the Deputy Speaker when the resolution concerns that office.

Casting vote

• At other times, the presiding officer does not vote at first.
• Under Article 100(1), the presiding officer votes only to break a tie.

3Chapter 3: The Story of the House’s Guardian

Great to Know

Borrowed from Westminster

• The Speaker’s office was borrowed from the British House of Commons.
• The idea is an impartial chair who keeps order.

The first Speaker

• G.V. Mavalankar became the first Speaker of independent India’s Lok Sabha in 1952.

Neutral by convention

• By convention, the Speaker gives up party positions and acts neutrally.
• The Speaker’s salary is charged on the Consolidated Fund of India (Article 97), so it is not voted on each year.

Powers that matter

• The Speaker’s certificate that a Bill is a Money Bill is final under Article 110(3). See Article 110: The Money Bill.
• The Speaker also decides disqualification cases under the Tenth Schedule (anti-defection law).
• Those decisions are open to judicial review. The Supreme Court held this in Kihoto Hollohan (1992).
• Rulings on privilege flow from the same office. See Article 105: Parliamentary Privileges.

4Previous Year Questions

Removal, resignation and the Deputy Speaker are favourite topics.

Quick Q&A

• Which Article creates the Speaker? Article 93.
• Speaker resigns to? The Deputy Speaker.
• Removal needs? Majority of all the then members, 14 days’ notice.
• Who fixes the Speaker’s election date? The President.
• Who is the first Speaker? G.V. Mavalankar.