Article 95 of thea Costitution of India with Case law
Article 95 of the Constitution of India deals with the discharge of duties of the Speaker or the Deputy Speaker of the House of the People (Lok Sabha) during their absence.
🧾 Text of Article 95 – Constitution of India
Article 95(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.
Article 95(2): During the absence of the Speaker from any sitting of the House, 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.
✅ Key Points:
It ensures continuity in presiding over the Lok Sabha in the absence or vacancy of the Speaker.
The President has a role only if both Speaker and Deputy Speaker posts are vacant.
Rules of Procedure of the Lok Sabha determine who can preside in temporary absences.
⚖️ Relevant Case Law:
K.S. Paripoornan v. State of Kerala, AIR 1995 SC 1012
➤ While this case is primarily about judicial appointments, the principle of continuity in constitutional functions (discussed here) is often cited in matters involving Article 95 as it highlights the importance of not leaving high offices functionless.
Rabi Ray v. Indira Gandhi, 1977
➤ Although not directly under Article 95, this case touched upon the powers and impartial role of the Speaker and Deputy Speaker, reinforcing that even during temporary vacancies or absences, constitutional balance and neutrality must be maintained.
Ravi S. Naik v. Union of India, AIR 1994 SC 1558
➤ The Court discussed the powers of the Speaker/Deputy Speaker in the context of disqualification proceedings. The case reflects how discharge of duties during absence (Article 95) must follow constitutional morality and neutrality.
🏛️ Practical Application:
In recent parliamentary history, Article 95 has been invoked when:
The Speaker resigned or passed away, and the Deputy Speaker assumed charge.
The Speaker was absent due to health or travel, and the Deputy Speaker or a senior member presided temporarily.
RELATED Blog
0 comments