Maharashtra Assembly Without Speaker Since Feb 2021

Table of Contents

The News

Maharashtra Legislative Assembly has been without a Speaker for long time.
In July 2021, Maharashtra assembly concluded its two-day Monsoon Session without electing a Speaker.
The previous Speaker was Nana Patole of the Congress, elected to the post in 2019 following the Assembly elections. Since Patole’s resignation from office in February 2021, Deputy Speaker Narhari Zirwal Sitaram of the NCP has been at the helm of proceedings in the Legislative Assembly.

Maharashtra SLA Leader of Opposition Devendra Fadnavis has been demanding that the post of the Speaker be filled.
Recently Maharahtra Governor Bhagat Singh Koshyari has forwarded the demand to CM of Maharashtra.
Response by CM:
- CM Uddhav Thackeray has responded that the election to the Speaker’s post would be held at an appropriate time after complying with Covid protocols.
- Thackeray mentioned that the Constitution and the Assembly rules do not specify a time-frame for filling a vacancy in the post of Speaker.

Speaker’s chair is currently vacant in Maharashtra and the Deputy Speaker’s position is vacant in several other state legislatures like MP, Gujarat, Rajasthan even in the Lok Sabha.
- In Lok Sabha, the election for Deputy Speaker has not taken place since the beginning of the 17th Lok Sabha in June 2019.
Irony Alert:
- In Maharashtra, during Fadnavis’s tenure as Chief Minister, the office of Deputy Speaker was vacant for four years.

Article 93 for Lok Sabha and Article 178 for state Assemblies, state that Lok sabha & respective State legislative assemblies, “shall, as soon as may be”, choose two of its members to be Speaker and Deputy Speaker.
- Note: The Constitution neither sets a time limit nor specifies the process for these elections..!!
- It leaves it to the legislatures to decide how to hold these elections.
The Outliers
Haryana and Uttar Pradesh specify a time-frame for holding the election to the Speaker and Deputy Speaker’s offices.
- In Haryana, the election of the Speaker has to take place as soon as possible after the election. And then the Deputy Speaker is to be elected within 7 more days.
- Uttar Pradesh has a 15-day limit for an election to the Speaker’s post if it falls vacant during the term of the Assembly. In the case of the Deputy Speaker, the date for the first election is to be decided by the Speaker, and 30 days is given for filling subsequent vacancies.

In Lok Sabha, the President sets a date for the election of the Speaker.
In State legislatures, the Governor of respective state sets a date for the election of the Speaker.
In both LS & SLA, it is the Speaker who decides the date for the election of the Deputy Speaker.

Process of election:
- The legislators of the respective Houses vote to elect one among themselves to these offices.
- House elects its presiding officer by a simple majority of members present, who vote in the House.
Process of Removal:
- The House can remove the Speaker through a resolution passed by an effective majority (more than 50% of the total strength of the house) as per Articles 94 of the Indian Constitution.
- The Speaker can also be removed if S/he s no longer a member of the house.

Speaker:
- Office of the Speaker is a Constitutional Office.
- The Constitution provides that the office of the Speaker should never be empty. So, he continues in office until the beginning of the next House, except in the event of death or resignation.
- The Speaker presides over the House proceedings and joint sittings of the two Houses of Parliament.
- The Speaker’s decision wrt money bill is final.
- Speakers salary is charged in Consolidated fund of India.
- A Speaker uses his/her power to vote, in order to resolve a deadlock.
- By Convention, the Speaker comes from the ruling party and the Deputy Speaker of Lok Sabha comes from opposition.
- The Speaker also makes decisions regarding disqualification under Anti Defection.

Deputy Speaker:
- The Deputy Speaker is independent of the Speaker, not subordinate to him, as both are elected from among the members of the House.
- Deputy Speaker ensures the continuity of the Speakers office by acting as the Speaker when the office becomes vacant.
- Usually, Deputy Speaker is elected in the first meeting of the Lok Sabha after the General elections for a term of 5 years from amongst the members of the Lok Sabha. They hold office until either they cease to be a member of the Lok Sabha or they resign.
- Deputy speaker is like any other member when not presiding the proceedings of the house.
- Deputy Speaker can be removed from office by a resolution passed in the Lok Sabha by an effective majority (Majority of 50% or more than 50% of total strength of the house).
- Note: Both Speaker /Dy Speaker need not resign from their party posts..!!