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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
CONSTITUTION OF INDIA
The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next article in the series on constitutional provisions in order to aid our readers in understanding them.

 

95. "Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.-
(1) 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 as the President may appoint for the purpose.

(2) 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."

In the Draft Constitution of February 21, 1948, Article 78 read as:

"(1) 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 as the President may appoint for the purpose.

(2) 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."

The following was suggested to be added:

"(1-a) When the Speaker is unable to discharge his functions owing to absence, illness, or any other cause, the Deputy Speaker shall discharge the duties of the office of the Speaker until the date on which the Speaker resumes his duties."

The Constitutional Adviser noted that necessary provision conferring power on the Deputy Speaker to discharge the functions of the Speaker during his absence on account of illness or otherwise could be included in the Rules of Procedure of the House.

The Article was added to the Constitution by the Constituent Assembly on 19th May, 1949, without any discussion. At the revision stage it was renumbered as Article 95 of the Constitution.

The functions and duties of the Chairman of the Rajya Sabha as a Presiding Officer are more or less the same as those of the Speaker in the Lok Sabha.

The Deputy Chairman of the Rajya Sabha, who is chosen by the Rajya Sabha from amongst its members, holds office until he ceases to be a member of the Rajya Sabha or he resigns from his office or is removed from his office by the Rajya Sabha by a resolution passed by a majority of its members (Articles 89-91). In the absence of the Chairman, the Deputy Chairman presides over the sittings of the Rajya Sabha and so presiding, exercises all the powers of the Chairman under the Rules of Procedure.

 
 
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