Article 95 of the Constitution of India deals with the performance of the duties of the Speaker of the House of the People (Lok Sabha) when the Speaker’s office is vacant or when the Speaker is unable to perform the functions of the office.
- Meaning of Article 95
- Article 95(1) – When the Office of Speaker Is Vacant
- Article 95(2) – When Speaker Is Absent
- Important Difference: Vacancy vs Absence
- Does the Deputy Speaker Become Speaker?
- Role of the President
- Article 95 and Article 93
- Article 95 and Article 94
- Article 95 and Article 91
- Article 95 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
It ensures that the proceedings of Lok Sabha can continue even when the Speaker is unavailable.
Meaning of Article 95
Article 95 provides for different situations in which the Deputy Speaker or another member of Lok Sabha may perform the duties of the Speaker.
The Article covers two broad situations:
- The office of Speaker is vacant.
- The Speaker is absent from a sitting or otherwise unable to perform the duties of the office.
Article 95(1) – When the Office of Speaker Is Vacant
When the office of Speaker is vacant, the Deputy Speaker shall perform the duties of the office of Speaker.
This ensures that Lok Sabha continues to function even when there is no person occupying the office of Speaker.
If the Office of Deputy Speaker Is Also Vacant
If the office of Deputy Speaker is also vacant, the President may appoint a member of Lok Sabha to perform the duties of Speaker.
The person appointed by the President performs those duties until a new Speaker is chosen.
Therefore:
Speaker’s office vacant → Deputy Speaker acts
Speaker and Deputy Speaker’s offices vacant → President appoints a Lok Sabha member
Article 95(2) – When Speaker Is Absent
Article 95(2) deals with a different situation.
When the Speaker is absent from a sitting of the House, the Deputy Speaker acts as Speaker.
If the Deputy Speaker is also absent, the person determined by the rules of procedure of the House acts as Speaker.
If no such person is present, another person determined by the House may act as Speaker.
This provides flexibility for individual sittings where the Speaker is temporarily unavailable.
Important Difference: Vacancy vs Absence
This distinction is important for understanding Article 95.
Vacancy of Office
The office itself has no person occupying it.
Article 95(1) applies.
Absence from a Sitting
The Speaker continues to hold office but is temporarily not present at a particular sitting.
Article 95(2) applies.
The constitutional mechanism is therefore:
Office vacant → Deputy Speaker
Speaker absent from sitting → Deputy Speaker
Deputy Speaker unavailable → Person determined under the Rules / House
The exact mechanism depends on whether the office is vacant or the Speaker is merely absent.
Does the Deputy Speaker Become Speaker?
No.
Article 95 allows the Deputy Speaker to perform the duties of the office of Speaker.
The Deputy Speaker does not permanently become the Speaker.
The office of Speaker remains separate, and the Deputy Speaker acts only for the period specified by the Constitution.
Role of the President
The President has a specific role under Article 95(1).
If both:
- The office of Speaker; and
- The office of Deputy Speaker
are vacant, the President may appoint a member of Lok Sabha to perform the duties of Speaker.
The President therefore provides a constitutional solution when neither of the two regular presiding officers is available.
Article 95 and Article 93
Article 93 provides for the Speaker and Deputy Speaker of Lok Sabha.
Article 95 provides for the performance of the Speaker’s duties when the Speaker cannot perform them.
Therefore:
Article 93 → Speaker and Deputy Speaker
Article 95 → Performance of Speaker’s duties
Article 95 and Article 94
Article 94 deals with:
- Vacation of office;
- Resignation; and
- Removal of Speaker and Deputy Speaker.
Article 95 deals with who performs the Speaker’s duties when the office is vacant or the Speaker is unable to act.
Thus:
Article 94 → How the office becomes vacant
Article 95 → Who performs the Speaker’s duties
Article 95 and Article 91
Article 91 contains a similar arrangement for Rajya Sabha.
| Rajya Sabha | Lok Sabha |
|---|---|
| Article 89 → Chairman and Deputy Chairman | Article 93 → Speaker and Deputy Speaker |
| Article 90 → Vacation, resignation and removal of Deputy Chairman | Article 94 → Vacation, resignation and removal |
| Article 91 → Performance of Chairman’s duties | Article 95 → Performance of Speaker’s duties |
This makes Articles 91 and 95 useful provisions to study together.
Article 95 at a Glance
| Situation | Who Performs Speaker’s Duties? |
|---|---|
| Office of Speaker vacant | Deputy Speaker |
| Speaker’s office and Deputy Speaker’s office both vacant | President may appoint a Lok Sabha member |
| Speaker absent from a sitting | Deputy Speaker |
| Speaker and Deputy Speaker absent from a sitting | Person determined by House rules |
| No such person present | Another person determined by the House |
Common Confusions
Who Performs the Speaker’s Duties When the Speaker’s Office Is Vacant?
The Deputy Speaker performs the duties.
What If Both Speaker and Deputy Speaker Offices Are Vacant?
The President may appoint a member of Lok Sabha to perform the duties of Speaker.
What Happens When the Speaker Is Simply Absent From a Sitting?
The Deputy Speaker acts as Speaker.
What If Both Speaker and Deputy Speaker Are Absent From a Sitting?
The person determined under the rules of procedure of Lok Sabha acts.
If no such person is present, another person determined by the House may act.
Does the Deputy Speaker Permanently Become Speaker?
No.
The Deputy Speaker only performs the Speaker’s duties under the circumstances specified by Article 95.
Quick Revision
- Article 95 → Performance of Speaker’s duties.
- If the Speaker’s office is vacant, the Deputy Speaker performs the duties.
- If both offices are vacant, the President may appoint a Lok Sabha member.
- If the Speaker is absent from a sitting, the Deputy Speaker acts.
- If both Speaker and Deputy Speaker are absent, the person determined by the Rules of Procedure acts.
- Article 93 → Speaker and Deputy Speaker.
- Article 94 → Vacation, resignation and removal.
- Article 95 → Performance of Speaker’s duties.
- Article 91 → Corresponding provision for Rajya Sabha.
Conclusion
Article 95 ensures the continuity of Lok Sabha proceedings when the Speaker is unavailable. It provides for the Deputy Speaker to perform the Speaker’s duties and establishes further arrangements when both presiding officers are unavailable.
The key point to remember is:
Article 95 → Deputy Speaker performs the Speaker’s duties when the Speaker’s office is vacant or the Speaker is absent, while other constitutional arrangements apply when the Deputy Speaker is also unavailable.
