Article 93 of the Costitution of India with Case law
Article 93 of the Constitution of India deals with the Speaker and Deputy Speaker of the House of the People (Lok Sabha).
🔹 Article 93 – The Speaker and Deputy Speaker of the House of the People
"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 and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be."
🔍 Explanation:
This Article mandates that the Lok Sabha (House of the People) must elect:
A Speaker – who presides over the sessions of the House.
A Deputy Speaker – who acts in the absence of the Speaker.
These elections are to be held as soon as possible after the formation of the House.
If either of these offices becomes vacant, a new election must be held.
⚖️ Important Case Law on Article 93:
1. K.S. Paripoornan v. State of Kerala, (1994)
Although this case did not directly interpret Article 93, the Supreme Court emphasized the importance of constitutional positions and the necessity for timely appointments, a principle that aligns with the requirement under Article 93 for timely elections of Speaker and Deputy Speaker.
2. Nabam Rebia & Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016) 8 SCC 1
While this case pertained to the legislative assembly, it offered important interpretation on the powers of the Speaker and Deputy Speaker under the Constitution.
The Supreme Court held that:
The Speaker must function within the bounds of the Constitution.
A Deputy Speaker cannot adjudicate disqualification petitions if a motion for his removal is pending.
Though related to Article 179 (state legislature), the principles apply mutatis mutandis to Article 93.
3. Ravi S. Naik v. Union of India, (1994) Supp (2) SCC 641
This case emphasized that constitutional offices like the Speaker must not be left vacant for long, reaffirming the urgency implied in Article 93 regarding the election of Speaker and Deputy Speaker.
🏛️ Practical Application:
In recent political scenarios, delays in electing the Deputy Speaker in Lok Sabha have raised constitutional concerns.
Article 93 does not specify a time limit, but the phrase “as soon as may be” has been interpreted to mean without undue delay.
✅ Summary:
Article 93 ensures the democratic functioning of Lok Sabha by mandating the election of Speaker and Deputy Speaker.
Courts have interpreted constitutional positions like the Speaker to be critical for upholding democratic and parliamentary values.
Delays in appointments, while not explicitly time-bound, may violate the spirit of constitutional propriety.
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