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DEPUTY SPEAKER: EXPLAINED

DEPUTY SPEAKER: EXPLAINED

Context:

Recently, Nitin Agrawal, MLA from Hardoi has been elected Deputy Speaker of the Uttar Pradesh Assembly, which has barely 5 months left in its tenure.

Deputy Speaker’s Constitutional Provisions:

  • Article 93 for House of the People and Article 178 for state Assemblies state that these Houses “shall, as soon as may be”, choose two of its members to be Speaker and Deputy Speaker.
  • In Lok Sabha and state legislatures, the President/Governor decides a date for the election of the Speaker, and it is the Speaker who decides the date for the election of the Deputy Speaker.

Election:

  • The legislators of the respective Houses vote to elect Deputy Speaker and Speaker.
  • The practice in both Lok Sabha and the state Legislative Assemblies has been to elect the Speaker during the first session of the new House.
  • This usually falls on the 3rd day after oath-taking and affirmations take place over the first two days.
  • The election of the Deputy Speaker usually takes place in the second session, even though there is no bar on having this election too in the first session.

Tenure:

  • The Deputy Speaker usually continues in office until the dissolution of the House.
  • According to Article 94 (Article 179 for state legislatures), the Speaker or Dy Speaker “shall vacate his office if (S)he ceases to be a member of the House”.
  • They may also resign (to each other), or “may be removed by a resolution of the House of the People passed by a majority of all the then members of the House”.

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