Actual Article
Article 95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker
- 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 (Lok Sabha) as the President may appoint for the purpose.
- During the absence of the Speaker from any sitting of the House of the People, 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 no such person is present, such other person as may be determined by the House, shall act as Speaker.
UPSC Notes for Article 95
Explanation:
- Vacancy of Speaker’s Office: If the office of the Speaker is vacant, the Deputy Speaker performs the duties of the Speaker. If both offices are vacant, the President appoints a member of the Lok Sabha to perform the duties.
- Absence of Speaker: During the temporary absence of the Speaker, the Deputy Speaker acts as the Speaker. If the Deputy Speaker is also absent, a person determined by the rules of the Lok Sabha or by the House itself acts as the Speaker.
Key Points:
- Continuity in Leadership: Ensures that the functions of the Speaker are continuously performed, maintaining order and proceedings in the Lok Sabha.
- Role of Deputy Speaker: Highlights the importance of the Deputy Speaker in ensuring the smooth functioning of the Lok Sabha in the absence of the Speaker.
- Temporary Arrangements: Provides a mechanism for appointing an acting Speaker in case both the Speaker and Deputy Speaker are unavailable.
Important Cases and Commissions Related to Article 95
Cases:
- M.S.M. Sharma vs. Krishna Sinha (1959): Discussed the powers and privileges of the Speaker, emphasizing the importance of the Speaker’s role in maintaining parliamentary order.
- Kihoto Hollohan vs. Zachillhu (1992): Highlighted the responsibilities and impartiality required of the Speaker, indirectly emphasizing the importance of continuity in the Speaker’s office.
Commissions:
- Sarkaria Commission: Analyzed Centre-State relations and discussed the roles and responsibilities of legislative officeholders, including the temporary arrangements for the Speaker’s duties.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested improvements for the functioning of parliamentary offices, including provisions for acting roles in the absence of key officeholders.
Previous Year Prelims Questions Related to Article 95
- (UPSC Prelims 2017) Who performs the duties of the Speaker of the Lok Sabha when the office is vacant?
- A. The President
- B. The Prime Minister
- C. The Deputy Speaker
- D. A member appointed by the President Correct Answer: C. The Deputy Speaker
- (UPSC Prelims 2018) During the absence of the Speaker of the Lok Sabha, who performs the duties of the Speaker?
- A. The Prime Minister
- B. The Speaker of the Rajya Sabha
- C. The Deputy Speaker
- D. A member determined by the rules of procedure of the Lok Sabha Correct Answer: C. The Deputy Speaker
Previous Year Mains Questions Related to Article 95
- Mains 2016: “Discuss the significance of Article 95 in ensuring the continuity of the functioning of the Lok Sabha. How does this provision maintain the legislative process during the absence of the Speaker?”
- Mains 2019: “Analyze the role of the Deputy Speaker in the Lok Sabha as per Article 95. How does the provision for the Deputy Speaker to act as Speaker ensure stability in parliamentary proceedings?”
Additional Insights:
- Legislative Stability: Article 95 ensures that the legislative process in the Lok Sabha is not disrupted due to the absence or vacancy of the Speaker’s office, providing clear guidelines for the performance of duties.
- Procedural Clarity: Provides procedural clarity and continuity, ensuring that there is always an authorized person to preside over the sessions and maintain order.
- Importance of Deputy Speaker: Emphasizes the significant role of the Deputy Speaker in the legislative framework, ensuring they are well-prepared to step in when required.
Understanding Article 95 is crucial for UPSC aspirants as it highlights the mechanisms for maintaining continuity in the functioning of the Lok Sabha, ensuring that parliamentary proceedings are not disrupted. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the roles and responsibilities of key parliamentary officeholders.