PIL before Supreme Court to fill vacant Deputy Speaker post in Lok Sabha, Legislative Assemblies of several States

The Supreme Court on Monday sought the response of the Central government to a public interest litigation (PIL) petition raising concerns over the failure to elect Deputy Speakers to the present Lok Sabha as well as the Legislative Assemblies of several States. [Shariq Ahmed vs Union of India and ors].A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala on Monday issued notice to the Central government and also asked the Attorney General for India to assist the Court in the matter. .Appearing for the petitioner, Senior Advocate Vibha Datta Makhija submitted that contrary to the mandate under Articles 73, 93 and 178 of the Constitution of India, no election was conducted to the post of Deputy Speaker in the Parliament (Lok Sabha) as well as in the States of Rajasthan, Uttar Pradesh, Jharkhand, Madhya Pradesh and Uttarakhand..The petition, filed through advocate Sunil Kumar Verma, flagged concerns that no Deputy Speaker has been elected to the present (17th) Lok Sabha, despite its constitution over three years back in 2019. The working of the Lok Sabha has been continuing without its Deputy Speaker, which is against the letter and spirit of the Constitution of India as provided under Articles 93 to 96, the petitioner stated. Similarly, the petitioner pointed out that the post of Deputy Speaker of Legislative Assemblies in Rajasthan, Madhya Pradesh, Jharkhand, Uttar Pradesh and Uttarakhand are lying vacant, although the Legislative Assemblies in these States were constituted long back. The petition added that the post of Deputy Speaker is not subordinate to the Speaker and its vacancy creates a Constitutional void. It was further highlighted that Deputy Speaker plays important roles such as acting as the presiding officer and performing important administrative duties in the absence of the Speaker. Vacancies in such posts deprive the citizens of their right to be governed as per Constitutional mandates, it was argued. Non-election of the Deputy Speaker goes against healthy democratic functioning, the petitioner contended. Notably, the petitioner also pointed out that there has been a healthy tradition of electing Deputy Speakers from the opposition party, which should be continued."Though there is no statutory requirement, however, healthy tradition has developed over time that the ruling party elects the Speaker while the Deputy Speaker post is given to the Opposition. From 11th Lok Sabha onwards, this tradition was followed till the last Lok Sabha i.e. the 16th Lok Sabha. In several legislative assemblies also this healthy tradition is followed," the petition stated.In this backdrop, the petitioner urged for directions to hold the elections for Deputy Speakers as soon as may be possible. The petitioner also called for this process to be completed within a month..Additional Solicitor General Vikramjit Banerjee appeared for the respondents on Monday.