Context:

A major constitutional aberration is the protracted vacancy of the Deputy Speaker's office throughout the 17th and 18th Lok Sabha. It puts India's legislative democracy's procedural integrity and durability under danger.

Office of the Deputy Speaker:

Article 93: The House of the People will appoint two members to be respectively Speaker and Deputy Speaker as soon as may be.  Saying "as soon as may be" denotes haste rather than prudence.

Mandate: The Lok Sabha's Deputy Speaker serves a constitutional rather than a ceremonial function.

Deputy Speaker's role: The Office of Deputy Speaker serves purposes more than only ceremonial ones. It is a constitutional need meant to guarantee the Lok Sabha's continuity, stability, and procedural integrity.

Evolution of the Deputy Speaker’s Position in India

Origin in Colonial Legislative Framework

• The position of Deputy Speaker has its roots in the Colonial Legislative Framework.
• It evolved from the office of Deputy President in the Central Legislative Assembly during British rule, under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms).
• Sachidanand Sinha was appointed as the first Deputy President in 1921, effectively functioning as the first Deputy Speaker during British rule.

Continuity Through the Constituent Assembly (Legislative)

• Even before the Indian Constitution was adopted in 1950, the Constituent Assembly recognised the importance of the Deputy Speaker in maintaining legislative functions.
• The role was retained during debates and discussions on the Constitution, as the Assembly realised the necessity of a second presiding officer to ensure smooth legislative procedures.

Institutionalisation in Post-Independence India

• The office of the Deputy Speaker was formally institutionalised under Article 93 of the Indian Constitution (1950), which underlined the necessity of this position for effective democratic governance.
• In 1952, M.A. Ayyangar became the first elected Deputy Speaker of the Lok Sabha post-independence.
• Following the death of Speaker G.V. Mavalankar in 1956, M.A. Ayyangar served as Acting Speaker, demonstrating the Deputy Speaker’s critical role in maintaining leadership continuity.

Role and Relevance of the Deputy Speaker in Parliamentary Functioning

Ensuring Procedural Continuity

• Given the scope of their duties, constitutional expert S.C. Kashyap notes the Speaker cannot chair all legislative sessions constantly.
• Maintaining the continuation of legislative business, the Deputy Speaker intervenes to guarantee continuous performance of parliamentary procedures.
• For efficient parliamentary operation, the Deputy Speaker is therefore a necessary constitutional functionary.

Beyond Procedural Backup

• The Deputy Speaker's role extends beyond merely substituting for the Speaker.
• Chairing Significant Sessions: The Deputy Speaker is empowered to chair important sessions, ensuring that legislative proceedings are conducted smoothly.
• Overseeing Committees: They preside over crucial parliamentary committees, making critical decisions on legislative matters.
• Neutrality in Debates: The Deputy Speaker also takes on the responsibility of overseeing sensitive debates, acting as a neutral arbiter to ensure that discussions remain procedural and unbiased.

Symbol of Bipartisan Norms

• Offering the position of Deputy Speaker to a member of the Opposition is a long-standing (albeit non-binding) parliamentary tradition.
• By preventing the Deputy Speaker from being an official of any one political party, this practice encourages moderation and cooperation amongst the many political factions.
• These behaviours help foster a cooperative climate inside Parliament, which in turn supports an inclusive and balanced approach.

Strengthening Non-Partisan Ethos

• The custom of the Opposition occupying the Deputy Speaker's office supports the Speaker's objectivity.
• Essential for a parliamentary democracy, this approach encourages a consensus-based functioning.
• Offering the post to an Opposition member helps the Deputy Speaker to represent the dedication to impartiality and preservation of the democratic values.

Misreading Constitutional Provisions

• Article 93 of the Indian Constitution outlines the election of the Speaker and Deputy Speaker but does not specify a timeline.
• The phrase “as soon as may be” should not be misinterpreted as "whenever convenient". Misreading this could lead to delays in the effective functioning of Parliament, contrary to the intent of the Constitution.

Impact of Vacant Deputy Speaker's Post

• Article 94, which underlines the constitutional mandate for an uninterrupted second-in-command to preserve continuity, stability, and institutional balance in Lok Sabha, gives the Deputy Speaker office until resignation, removal, or disqualification as a Member of Parliament. The delay compromises institutional protections set down in the Constitution.
• Eliminating a necessary counterbalance, centralises procedural authority just inside the Speaker and the ruling party.
• In an emergency such as the Speaker's resignation, death, or removal, the absence of a Deputy Speaker can cause uncertainty or a brief leadership void in the House.
• The continuous delay also points to a larger disrespect for parliamentary norms, especially the unwritten rule of assigning the office to the Opposition, which historically encouraged inclusivity and moderation.
• The vacancy shows an active sidelining of consensus politics, therefore restricting the function of the Opposition and hence compromising deliberative democracy.
• The case that "there is no urgency" to name a Deputy Speaker strikes against the whole essence of constitutional democracy.
• Rebuilding institutional legitimacy and bringing balance to legislative processes in an era of growing political polarisation depends on restoring the tradition of selecting a deputy speaker from the opposition.

Towards Democratic Renewal and Legislative Reform

• This protracted vacancy begs the pressing issue of whether the Constitution should be changed to include a rigorous election date for the Deputy Speaker?
• For example, requiring that the position be filled within 60 days of the first convening of a new Lok Sabha could serve to reinforce compliance and guarantee continuity.
• On advice from the Prime Minister or Speaker, a statutory intervention might therefore allow the President to start the election process should the House neglect to act within the required period.
• Either approach would close the risky gap of indeterminate delay that compromises institutional integrity right now.
• The Office of the Deputy Speaker is ultimately neither symbolic nor disposable.
• It is a constitutional protection, an essential gear in the parliamentary democracy engine of India.
• Ignoring it not only goes against the clear clauses in the Constitution but also reduces the democratic resilience that supports the Indian Republic.

Conclusion

Parliament has to declare once more its support of institutional integrity and constitutional standards. Choosing a Deputy Speaker tests the House's dedication to rule-based government, not only serves as formality. The Parliament of India needs not to flunk this test any more.

Practice Questions: Discuss how prolonged vacancy in this position impacts institutional balance, parliamentary democracy, and federal structure of India’s governance system. (15 Marks, 250 Words)