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Question

With reference to Deputy Speaker of Lok Sabha, consider the following statements:

  1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.
  2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
  3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his
  4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime

Which of the statements given above are correct ?

This question was previously asked in
UPSC CSE 2022 (Prelims) CSAT Previous Year Paper (05-June-2022)
The correct answer is

1 and 3 only

Understanding the Deputy Speaker of Lok Sabha

The Deputy Speaker is the second highest ranking legislative official of the Lok Sabha. This position is established under Article 93 of the Constitution of India. The Deputy Speaker is elected by the Lok Sabha itself from amongst its members. The role of the Deputy Speaker is crucial, especially in the absence of the Speaker.

Analyzing Statements about the Deputy Speaker

Let's carefully examine each statement provided regarding the Deputy Speaker of Lok Sabha:

  1. Statement 1: As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.

    This statement is correct. Rule 7(1) of the Rules of Procedure and Conduct of Business in Lok Sabha states that "The election of a member to be the Deputy Speaker shall be held on such date as the Speaker may fix, and the Secretary-General shall send a notice thereof to every member."

  2. Statement 2: There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.

    This statement is incorrect. While there is a well-established convention, particularly since the 11th Lok Sabha, to offer the post of Deputy Speaker to the principal opposition party, this is a parliamentary practice or convention, not a mandatory provision enshrined in the Constitution or the Rules of Procedure and Conduct of Business of Lok Sabha. The election is decided by a vote among the members.

  3. Statement 3: The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his

    This statement is correct. Article 95(1) of the Constitution states that "While the office of Speaker is vacant, or during any absence of the Speaker from any sitting of the House of the People, the Deputy Speaker shall perform the duties of the office, or act as Speaker, as the case may be." Rule 12 of the Rules of Procedure further clarifies that the Deputy Speaker, when presiding, has the same powers as the Speaker. Decisions made by the presiding officer (whether Speaker or Deputy Speaker) in the House are final and no appeal lies against them within the House.

  4. Statement 4: The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime

    This statement is incorrect. The election of the Deputy Speaker is a motion moved by a member of Parliament and seconded by another member. The Speaker's role in the election process is to fix the date for the election, not to move or second the motion for election of the Deputy Speaker.

Conclusion on Correct Statements

Based on the analysis:

  • Statement 1 is correct.
  • Statement 2 is incorrect.
  • Statement 3 is correct.
  • Statement 4 is incorrect.

Therefore, the statements that are correct are 1 and 3 only.

Statement Correctness Reasoning
1. Election date fixed by Speaker. Correct As per Rules of Procedure.
2. Mandatory provision for opposition/ruling party. Incorrect Only a convention, not mandatory provision.
3. Same powers as Speaker when presiding; no appeal. Correct As per Constitution (Art 95) and Rules of Procedure (Rule 12).
4. Motion moved by Speaker, seconded by Prime Minister. Incorrect Motion moved/seconded by MPs; Speaker fixes date.

Revision Table: Key Facts about Deputy Speaker

Aspect Details
Constitutional Article Article 93
Election Process Elected by Lok Sabha from amongst its members. Date fixed by Speaker.
Term of Office Remains in office until the dissolution of Lok Sabha, unless he resigns or is removed.
Powers Has all the powers of the Speaker when presiding over the House.
Subordination Not subordinate to the Speaker. Directly responsible to the House.
Removal Can be removed by a resolution passed by a majority of all the then members of the House. 14 days notice is required.
Convention Convention to offer the post to the principal opposition party (since 11th Lok Sabha).

Additional Information: Role of Presiding Officers in Lok Sabha

The smooth functioning of the Lok Sabha heavily relies on its presiding officers. The Speaker is the principal presiding officer. In their absence, the Deputy Speaker takes charge. If both are absent, a member from the Panel of Chairpersons presides.

  • Speaker: Chief presiding officer, maintains order, interprets rules, allows/disallows motions, puts questions to vote, casts casting vote in case of a tie.
  • Deputy Speaker: Presides in the Speaker's absence, has the same powers as the Speaker when presiding. When the Speaker is presiding, the Deputy Speaker sits like any other member and can participate in discussions and vote.
  • Panel of Chairpersons: Nominated by the Speaker from amongst members. Any member from the panel can preside in the absence of both the Speaker and the Deputy Speaker. However, when presiding, a member from the Panel of Chairpersons does not have the same powers as the Speaker; the Speaker can delegate some powers, but certain powers (like adjourning the House sine die) remain with the Speaker.

The election of both the Speaker and the Deputy Speaker are important procedural matters for the constitution and functioning of the Lok Sabha.

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Important Questions from Parliament

  1. Who among the following official can be invited to give his opinion in the Parliament ?
  2. Who was the first speaker of the Lok Sabha ?
  3. The power to recruit the Secretarial staff of the House of the People is vested in:
  4. Consider the following statements: 

    1) The summoning of the House means convocation 

    2) Prorogation ends a session 

    3) Dissolution terminates a House 

    4) Prorogation of a session can be effected by the leader of the House alone 

    Out of these which is not true?

  5. What is true about Censure Motion?
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