SC agrees to examine PIL on vacant post of Deputy Speaker in LS, Assemblies

New Delhi, Feb 13 : The Supreme Court on Monday agreed to examine a PIL questioning non-fulfilment of post of Deputy Speaker in Lok Sabha and state assemblies of Rajasthan, Uttar Pradesh, Uttarakhand, Madhya Pradesh, and Jharkhand.A bench, headed by Chief Justice of India D.

Y.Chandrachud and also comprising Justices P.S.Narasimha and J.B.Pardiwala, after hearing submissions from senior advocate Vibha Datta Makhija, representing petitioner Shariq Ahmed, agreed to examine the matter.The plea argued that the present (17th) Lok Sabha was constituted in the month of May, 2019 and Om Birla was chosen as the Speaker and assumed the office on June 19, 2019, however no Deputy Speaker has been elected.

It further added that the post of Deputy Speaker of the Lok Sabha is still vacant despite the lapse of more than three and half years since the constitution of the present Lok Sabha, and working has been continuing without its Deputy Speaker which is against the letter and spirit of the Constitution as provided under Articles 93 to 96 of the Constitution.Similarly, the post of Deputy Speaker of the Legislative Assemblies of Rajasthan, Madhya Pradesh, Jharkhand, Uttar Pradesh and Uttarakhand are lying vacant though the legislative Assemblies in those states have been constituted long back, it added.

The plea contended that Deputy Speaker of the Lok Sabha and the legislative assemblies are not subordinate to the Speaker of the Lok Sabha and the legislative assemblies, rather the Deputy Speaker is responsible to the Lok Sabha and is the second- highest-ranking legislative officer of the Lok Sabha and performs very important functions.Similarly, the Deputy Speaker of a Legislative Assembly is responsible to that Legislative Assembly and is the second-highest-ranking legislative officer of that Legislative Assembly and performs very important functions.

The Deputy Speakers act as the presiding officer and also assumes the administrative powers in case of leave or in absence caused by death or illness of the Speaker of the Lok Sabha and the Legislative Assemblies respectively.A situation of constitutional void rather than a situation of constitutional crisis may be created if the office of the Speaker of the Lok Sabha and the Speaker of a Legislative Assembly becomes vacant.

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