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What Is Constitution Of India Article 95?

Answer By law4u team

Constitution Of India Article 95: 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.

Brief Detail

Article 95 empowers the Deputy Speaker to assume the duties of the Speaker when the office of the Speaker is vacant or during the Speaker's absence. If both the Speaker and Deputy Speaker positions are vacant, the President can appoint a member of the Lok Sabha to fulfill these duties temporarily.

Question & Answers

What happens if the office of Speaker is vacant?

In such a case, the Deputy Speaker performs the duties of the Speaker. If the Deputy Speaker's office is also vacant, the President appoints a Lok Sabha member to fulfill the duties temporarily.

Who acts as Speaker during the absence of both Speaker and Deputy Speaker?

If both the Speaker and Deputy Speaker are absent, the person determined by the rules of procedure of the Lok Sabha or, in the absence of such rules, any other person determined by the House performs the Speaker's duties.

Example

For instance, if the Speaker resigns, the Deputy Speaker will immediately take over the responsibilities until a new Speaker is elected. Similarly, during a sitting of the Lok Sabha, if both the Speaker and Deputy Speaker are unavailable, a member appointed as per the House's rules will act as the Speaker.

Summary

Article 95 ensures continuity in the functioning of the Lok Sabha by designating responsibilities to the Deputy Speaker or other members in the absence or vacancy of the Speaker's office.

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