NEW DELHI: As the Lok Sabha is scheduled to take up the no-confidence motion against Lok Sabha Speaker Om Birla at the second leg of the Budget session on March 9, it has sparked renewed debates on the post of the Deputy Speaker, which has been vacant for the past seven years.
Constitutional experts point out that certain operational questions arise in the absence of a Deputy Speaker. As several Opposition parties have submitted the no-confidence motion against the Speaker last week, a date to consider the motion will be fixed any day after the 14-day notice period.
Speaking to this newspaper, former Lok Sabha secretary general P D T Achary pointed out that the procedure is governed by Rules 200 A of the Rules of Procedure and Conduct of Business in the Lok Sabha. While the rules contain provisions laying down conditions of admissibility of the resolution, Achary said that the rules are silent on who will decide the admissibility of the resolution in the absence of the Speaker.
“The rule says that resolutions must be precise and free of defamatory language or arguments,” said Achary.
“The Speaker cannot decide the admissibility of the resolution as there’s charge against him. Since the Deputy Speaker is also not there, the rule is silent on the situation,” he added.
An option before the House is to choose from the panel of chairpersons presiding in the absence of the Speaker, he said. Currently, a panel of chairpersons presides over the House in the absence of the Speaker. The panel of 10 MPs was appointed by the Speaker last July. “However, who will decide who should be given the duty of admitting the resolution?, he asked.
Deputy Speaker post is a mandatory provision by the Constitution as per Article 93, he said. Speaking to TNIE, Dr M R Madhavan of PRS Legislative Research, said, “As there is no Deputy speaker on a resolution to remove the Speaker, the Speaker cannot chair the House. The Constitution says that it will be as per the rules. Through the rules, they have created a panel of chairmen not specifically for this purpose. But the panel of chairs will preside when the Speaker or Deputy Speaker is not present. So my guess is one of them can preside”.