Article 106

Article 106 of the Constitution of India prescribes the election, qualifications, tenure and removal of the presiding officers of the two houses of Parliament – the Speaker and Deputy Speaker of the Lok Sabha, and the Chairman and Deputy Chairman of the Raj Sabha. By mandating that each chamber have a duly elected or appointed chair, the article safeguards orderly debate, impartial adjudication of procedural disputes, and continuity of legislative business, thereby anchoring the parliamentary system’s procedural integrity.

Historical Background

The framers incorporated Article 106 in Part V of the Constitution, which came into force on 26 January 1950. The provision reflects the British Westminster tradition of a Speaker, yet adapts it to India’s federal structure by assigning the Vice President the ex‑officio role of Chairman of the Raj Sabha. The first Speaker, Ganesh Vasudev Manek, was elected on 13 May 1952, while the inaugural Deputy Chairman, S. R. Patil, took office on 13 May 1952, establishing the procedural framework that continues today.

Election and Qualification Mechanism

Article 106(1) stipulates that the Speaker and Deputy Speaker of the Lok Sabha “shall be elected from amongst the members of the House.” The election must occur within thirty days of the first meeting after a general election, a deadline observed in every Lok Sabha since 1952. Candidates must satisfy the same qualifications as any member of the Lok Sabha – namely, being a citizen of India, at least 25 years old, and not holding an office of profit. The Raj Sabha’s Chairman is the Vice President, while Article 106(2) requires the Deputy Chairman to be elected from among its members, a process usually completed within the first session of the newly constituted Raj Sabha.

Removal and Tenure

The Constitution provides that the Speaker may be removed by a resolution passed by a majority of the total membership of the Lok Sabha, as detailed in Article 106(4). A similar provision applies to the Deputy Speaker and the Deputy Chairman of the Raj Sabha. The Speaker’s tenure persists until the dissolution of the Lok Sabha, unless the holder resigns or is removed; the Deputy Speaker’s term is co‑terminous with that of the House. The Deputy Chairman serves until the Raj Sabha’s term ends, which is six years, with one‑third of members retiring every two years, ensuring continuity across electoral cycles.

Current Office Holders and Practice

As of 2024, the Lok Sabha’s Speaker is Om Birla, elected on 19 June 2019, while the Deputy Speaker’s post remains vacant following the resignation of the last incumbent in 2023. In the Raj Sabha, Vice President Jagdeep Dhankhar functions as Chairman, a role he assumed on 11 August 2022, and Harivansh Narayan Singh has served as Deputy Chairman since 9 August 2022. The election of these officers is typically conducted by secret ballot, and the Speaker customarily refrains from partisan debate, embodying the constitutional principle of impartiality.

Significance

Article 106 underpins the procedural autonomy of India’s bicameral legislature by ensuring that each house possesses a neutral arbiter capable of managing debates, enforcing rules, and safeguarding minority rights. The thirty‑day election window for the Lok Sabha Speaker prevents a power vacuum that could stall legislative business after a general election. Moreover, the provision that the Vice President automatically becomes Chairman of the Raj Sabha links the executive and legislative branches, fostering coordination while preserving the Raj Sabha’s distinct identity. Collectively, these mechanisms reinforce the stability and credibility of parliamentary democracy in India.