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Article 95 Of The Indian Constitution

article 95 of the indian constitution
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Introduction 

Article 95 of the Indian Constitution is one such Article that talks about The roles and responsibilities of The Speaker of Lok Sabha in his absence. Let us delve into it and get to know all about.

India is one of the most complex democracies in the world. To tackle the same, we have a well-defined hierarchy of governmental bodies that are efficiently constituting the function of the government. The Parliament is that arm of the government which exercises the legislative power of the government.

The Parliament consists of two houses that are Rajya Sabha and Lok Sabha and the President of India. Together these houses represent the people of the Indian states and union territories and play a significant role in approving laws for the country. 

Today, we will emphasize more on the Lok Sabha, the upper house of the Parliament. We will also discuss about one of the most important aspects of the Lok Sabha which is the election of The Speaker. Let us get to know more about The Speaker of the Lok Sabha. 

Just like any other group of people requires a protagonist to keep a check and balance on every aspect of their role and responsibility, the Lok Sabha has a Speaker who takes the charge of important aspects of Lok Sabha such as deciding whether or not the bill is the money bill and also keeping a check on the discipline of the members to ensure the decorum of the house. 

Article 95 Of The Indian Constitution –  An Overview 

Article 95 of the Indian constitution made some critical provisions on the role and responsibility of the Speaker of the Lok Sabha if his office is vacant. It articulates the process and protocols for discharging the power and duties of the speaker in case the Speaker is not able to discharge his duties.  

It precisely states how the Deputy Speaker will be responsible to discharge the duties of The Speaker in his absence. In any case, if The Speaker is absent or is unable to perform his duties, the Deputy Speaker will take the charge as specified by Article 95 of the Indian constitution. 

Article 95 Of The Indian Constitution – In Detail 

We will first go through the aforementioned Article as it is in the constitution and then we will look at the clauses in depth to have a thorough concept. 

As in the constitution, Article 95 goes like this, “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”

Now, let us understand each clause in this Article one by one. 

Clause 1 – As it is & Explained 

(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”

The first clause of Article 95 of the Indian constitution says that, if the Speaker is not present in the house and his office is vacant, then the duties of the speaker will have to be performed by the Deputy Speaker. What would happen in any case if the Deputy Speaker is also absent? Then, the President of India will appoint one such person among the members of the Lok Sabha who will have to perform the duties of the Speaker.

Clause 2 – As it is & Explained

(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 second clause of Article 95 of the Indian constitution simply states that if the Deputy Speaker is also absent then the person who will act as the Speaker will be decided by the rules of procedure of the House. In any case, even if that person who will be decided by the rules of the House is not present, the member who will then act as the Speaker of the House shall be decided by the House. 

Summing Up

As we saw in Article 65 of the Indian Constitution, there are some critical provisions for the discharge of the duties of the President of India during his absence. Just like the Vice-President takes over the charge in the case of The President, the Deputy Speaker takes up the charge for The Speaker. 

No matter which governmental body is it, the vacancy of the seat even for a day can affect the functioning of the entire government. In the same context, the procedures mentioned in Article 95 of the Indian Constitution ensure no lag in the functioning of the Lok Sabha even for a day.  

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