Gaurav Gogoi flags ‘constitutional vacuum’ over absence of deputy speaker in LS

Gaurav Gogoi, Member of Parliament from the Indian National Congress, has raised concerns over what he termed a “constitutional vacuum” arising from the failure to elect a Deputy Speaker in the Lok Sabha.

In a statement referencing provisions of the Constitution of India, Gogoi pointed out that Article 96 of the Constitution of India bars the Speaker from presiding over proceedings concerning their own removal in order to preserve neutrality. 

He noted that the Constitution envisages only two constitutional presiding authorities under Article 93 of the Constitution of India—the Speaker and the Deputy Speaker—both of whom are elected directly by the House.

Gogoi argued that the continued absence of a Deputy Speaker has created a constitutional gap. According to him, allowing a panel chairperson nominated by the very Speaker under challenge to preside over such proceedings undermines the intent behind Article 96.

He stressed that neutrality in parliamentary proceedings cannot be treated as a mere procedural formality. “In a constitutional democracy, justice must not only be done, it must be seen to be done,” he said.

Gogoi further contended that if a Speaker cannot act as a judge in their own case, they should also not be in a position to nominate someone to preside over proceedings involving their own removal, as it would defeat the spirit of constitutional safeguards meant to ensure impartiality.