Election of Deputy SpeakerDate: 22 October 2021 Tags: Constitution
Rebel Samajwadi Party MLA, Nitin Agrawal was elected as the Deputy Speaker of the Uttar Pradesh Legislative Assembly.
The office of deputy speaker is a constitutional position and it is usually reserved for the largest opposition in the assembly.
Article 93 of the Indian constitution says that two members of the House be chosen as speaker and deputy speaker. If the office of speaker or deputy speaker becomes empty, another member has to be elected.
Article 178 applies for the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.
Elections for the post
The constitution does not give the time period for election of speaker or deputy speaker. It only says that elections should be held ‘soon’.
In general, the speaker is elected in the first session of the assembly. The deputy speaker is elected in the second session. There will not be delay without genuine reasons.
Position and resignation
The deputy speaker holds office until the dissolution of the assembly. He/she can resign by writing to the speaker. They can also be removed through a majority resolution.
The deputy speaker is not secondary to speaker. He/she has the same powers when sitting in the position.
The speaker or deputy speaker cannot be removed from office if they voluntarily give up the membership of the party immediately before the election.
The same exception applies to Rajya Sabha Deputy Chairman, Chairman/ Deputy Chairman of a state Legislative Council, and Speaker/ Deputy Speaker of a state Legislative Assembly as well.
Powers of court
The court does not have the power to direct assemblies or parliament to conduct elections to position of speaker or deputy speaker.
Article 122 (1) says that “The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.”