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Article 95

Deputy Speaker or Appointed Member Performing Duties of Speaker

Official heading: “Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker”

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Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part V, Article 95, printed pages 42–43
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1. In One Sentence

Article 95 empowers the Deputy Speaker (or a member appointed by the President) to perform the duties of the Speaker during a vacancy, and provides for presiding in the Speaker’s absence.

2. What It Means in Everyday Language

Article 95 guarantees that the Lok Sabha always has an authoritative presiding officer to conduct its proceedings and maintain order.

Under clause (1), when the office of Speaker is vacant (e.g., due to resignation, death, or removal), the duties of the office are performed by the Deputy Speaker. If the office of Deputy Speaker is also vacant, the President may appoint any member of the House to perform those duties (such as a Pro-tem Speaker appointed after general elections).

Under clause (2), during the temporary absence of the Speaker from any sitting of the House, the Deputy Speaker presides. If the Deputy Speaker is also absent, a person determined by the rules of procedure (such as a member of the Panel of Chairpersons), or determined by the House, acts as Speaker.

3. Practical Illustrative Example

Everyday Scenario:

Immediately after general elections, all Lok Sabha seats are newly filled and the regular Speaker has not yet been elected.

Core takeaway: Under Article 95(1), the President appoints a senior MP (Pro-tem Speaker) to perform the duties of the Speaker and administer oaths to new members.
Illustrative Notice: The appointed Pro-tem Speaker holds office only until the House elects its regular Speaker under Article 93.

4. Important Limits, Qualifications & Exceptions

Article 95 provides succession and functional arrangements for presiding over the Lok Sabha.

  • Vacancy protocol: Deputy Speaker automatically steps in to perform Speaker duties.
  • Dual vacancy: President appoints an MP to perform duties (Pro-tem Speaker).
  • Sessional absence: Deputy Speaker or Panel of Chairpersons presides under rules of procedure.
  • Maintains parliamentary decorum and procedural validity at all times.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 95, printed pages 42–43 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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