Supreme Court To Hear Plea On Vacant Post Of Deputy Speaker In Lok Sabha

The Supreme Court is scheduled to hear a PIL seeking the election of the Deputy Speaker for Lok Sabha and State legislatures of five states on Monday

Senior Advocate Vibha Dutta Makhija appearing for petitioners stressed the need for the Union to furnish a status on Deputy Speakers, especially for the issue of election to the position of Deputy Speaker in the Lok Sabha. She highlighted the urgency of the matter considering that even in the new Parliament so formed, the seat of Deputy Speaker remains vacant.

"I have only one request, I am not insisting on others (State Assemblies) because in the other cases, the speakers of the Assemblies have also been made a party. If the Union of India in the meanwhile can file the Status regarding the Deputy Speakers and why they are not being appointed especially in the Lok Sabha...the reason why I am saying this is that in this session also the situation continues. That's the problem."

The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to list the matter for the coming Monday due to the unavailability of Attorney General R Venkataramani today.

" Alright let him come on Monday we will list the case" The CJI assured.

In February 2023 the Court issued notice to the Union of India and five states in the PIL. In the previous hearing, Makhija 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 the Union and the States mentioned in the mention. The bench also requested the Attorney General for India R Venkataramani to assist in the matter.

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