The Constitution of India
Article 93
The Speaker and Deputy Speaker of the House of the People
The House of the People shall, as soon as may be, choose two members of the House to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker, as the case may be.
Why this exists
The framers wanted the Lok Sabha, as the directly elected house representing the people, to have its own presiding officers chosen from within its ranks rather than appointed by the government or the President. This follows the British parliamentary tradition of a Speaker who is a member of the House itself, ensuring the presiding officer understands the House's rules and enjoys its confidence, while keeping the process of choosing leadership internal and democratic.
How courts read it
Courts have generally treated the election of the Speaker and Deputy Speaker as an internal parliamentary matter, with limited judicial interference in the process itself. However, related provisions—such as Article 94 (resignation and removal) and the Speaker's role under the Tenth Schedule (anti-defection law)—have been examined by courts, particularly regarding the Speaker's neutrality and decision-making powers, though Article 93 itself has not been the subject of major independent litigation.
Common misconceptions
- Myth: The Speaker of the Lok Sabha is appointed by the President or Prime Minister.
Fact: The Speaker is elected by the members of the Lok Sabha itself, from among themselves, as required by Article 93. - Myth: The Deputy Speaker is chosen by the Speaker.
Fact: The Deputy Speaker is also elected separately by the House, not appointed or nominated by the Speaker.