Article 94, 95 of Constitution of India 1949

What is the Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker? What is Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker? Article 94 and 95 of Constitution of India, 1949

Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker and Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker are defined under Article 94 and 95 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 94 of Constitution of India "Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker"

A member holding office as Speaker or Deputy Speaker of the House of the People-

(a) shall vacate his office if he ceases to be a member of the House of the People;

(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:

Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

 

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

(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.

(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.