'No Deputy Speaker In Lok Sabha & Some Assemblies' : Supreme Court Seeks Responses Of Union, States

The Supreme Court on Monday issued notice to the Union of India and five states in a PIL which highlighted that the elections for Deputy Speakers for Lok Sabha and for State legislatures of five states had not yet taken place. The matter was listed before a bench of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

Senior Advocate Vibha Dutta Makhija, appearing on behalf of the petitioners submitted that as per Article 93 and Article 178 of the Indian Constitution, it was mandatory for state legislatures to conduct elections for the post of Deputy Speakers. She highlighted that the states of Rajasthan, Madhya Pradesh, Uttar Pradesh, Uttarakhand, Jharkhand, and Manipur did not have a deputy speaker.  She added that Manipur has not been mentioned in the petition. The bench has sought the responses of Union and the States mentioned in the mention. The bench also requested Attorney General for India R Venkataramani to assist in the matter.

During the hearing, CJI Chandrachud orally remarked–

"Both in the Lok Sabha and in the legislatures of these states, the post of Deputy Speaker has not been filled up. Article 93 for Lok Sabha mandates that posts are filled. Article 178 does so for state legislatures. In that sense, it's mandatory for elections for the post of Deputy Speaker to take place."

As per Article 93–

"The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof."

Further, Article 178 states that–

"Every Legislative Assembly of a State shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speakers thereof."

Case Title: Shariq Ahmed v. UoI And Ors. WP(C) No. 126/2023 PIL

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