Articles 94 and 95 of the Constitution of India: Speaker and Deputy Speaker of Lok Sabha
Articles 94 and 95 form part of the constitutional framework governing the presiding officers of the House of the People (Lok Sabha). Article 94 deals with vacation of office, resignation and removal of the Speaker and Deputy Speaker. Article 95 provides who performs or exercises the functions of the Speaker when the office is vacant or the Speaker is absent from a sitting.
Article 94: Vacation, resignation and removal of Speaker and Deputy Speaker
Article 94 applies to a member holding office as the Speaker or Deputy Speaker of the Lok Sabha. In practical terms, it specifies when the office becomes vacant, how the office-holder may resign, how removal may take place, and the special continuation of the Speaker after dissolution of the House.
Constitutional rule under Article 94:
(a) The Speaker or Deputy Speaker vacates office if he or she ceases to be a member of the House of the People.
(b) The Speaker may resign by a written communication addressed to the Deputy Speaker, and the Deputy Speaker may resign by a written communication addressed to the Speaker.
(c) The House may remove the Speaker or Deputy Speaker by a resolution passed by a majority of all the then members of the House.
A removal resolution cannot be moved unless at least fourteen days' notice of the intention to move it has been given.
When the Lok Sabha is dissolved, the Speaker does not vacate office on dissolution. The Speaker continues until immediately before the first meeting of the new Lok Sabha.
Meaning of "majority of all the then members"
The removal provision is expressed in terms of a majority of all the then members of the House, rather than merely a majority of members present and voting. The constitutional text should therefore be consulted when considering the voting requirement for a removal resolution.
Article 95: Who performs the Speaker's duties?
Article 95 addresses two different situations: a vacancy in the office of Speaker, and the Speaker's temporary absence from a sitting.
Article 95(1) - vacancy: While the Speaker's office is vacant, the Deputy Speaker performs the duties of the office. If the Deputy Speaker's office is also vacant, a member of the Lok Sabha appointed by the President performs those duties.
Article 95(2) - absence from a sitting: If the Speaker is absent from a sitting, the Deputy Speaker acts as Speaker. If the Deputy Speaker is also absent, the person determined under the Rules of Procedure acts as Speaker; if no such person is present, the House determines another person to act as Speaker.
Article 94 and Article 95: quick comparison
| Provision | Subject | Key rule |
|---|
| Article 94 | Office of Speaker and Deputy Speaker | Deals with vacation of office, resignation, removal, fourteen days' notice for a removal motion, and continuation of the Speaker after dissolution. |
| Article 95(1) | Vacancy in Speaker's office | Deputy Speaker performs the duties; if that office is also vacant, a member appointed by the President does so. |
| Article 95(2) | Speaker absent from a sitting | Deputy Speaker, a person determined under the Rules, or a person determined by the House acts as Speaker, as applicable. |
Related constitutional provisions
Articles 93 to 97 should be read together for the broader scheme relating to the Speaker and Deputy Speaker. Article 93 concerns election of the Speaker and Deputy Speaker; Article 96 deals with presiding while a removal resolution is under consideration; and Article 97 concerns salaries and allowances.
Official legal text: For authoritative wording and amendments, refer to the current Constitution of India published by the Legislative Department, Ministry of Law and Justice. Parliamentary procedure and information about the presiding officers are also available from the official Digital Sansad portal.
