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Article 95 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 95 - Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

Part of the Constitutional Article

Part V

The Indian Constitution defines a detailed framework for the governance of the country. It underlines the structure, powers and responsibilities of various governmental bodies including Speaker and Deputy Speaker of the House of People. Article 95 of Indian Constitution deals with the power of the Deputy Speaker or other person to perform the duties of the office of or to act as Speaker. The following is the interpretation of Article 95.

Interpretation of Article 95 of Indian Constitution

Article 95 of the Constitution states - “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 a member of the House of the People (Lok Sabha) 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.”

According to Article 95 of Indian Constitution when the office of the Speaker is vacant the Deputy Speaker assumes the responsibilities of the Speaker. The President appoints a member of the Lok Sabha to fulfill the duties of the Speaker in case both the positions are vacant. Similarly, during the temporary absence of the Speaker, the Deputy Speaker takes on the role. If the Deputy Speaker is also unavailable, a person is appointed either according to the rules of the Lok Sabha or by the House itself performs the functions of the Speaker.

The provision of Article 95 ensures the uninterrupted conduct of the duties of the Speaker, maintaining order and facilitating proceedings in the Lok Sabha. It also highlights the role of the Deputy Speaker in ensuring the smooth functioning of the House. It also provides a framework for appointing an acting Speaker when both the Speaker and Deputy Speaker are unavailable.

Conclusion

Article 95 of Indian Constitution is an important provision which defines the authority of the Deputy Speaker or another person appointed to fulfill the duties or act as the Speaker of the House of People or Lok Sabha. Article 95 ensures the uninterrupted functioning of the House in the absence of the Speaker. The provision bolsters the democratic framework of the Parliamentary system in India and supports the efficient functioning of the House of People.

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FAQs about Article 95 of Indian Constitution

What is Article 95 of the Indian Constitution? Article 95 deals with the power of the Deputy Speaker or other person to perform the duties of the office of or to act as Speaker.

Article 95 is mentioned under Part V of the Constitution of India.

The Deputy Speaker performs the duties in the absence of the Speaker.

The President appoints a member of the Lok Sabha to perform the duties of the Speaker when both the Speaker and Deputy Speaker’s offices are vacant.
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