In the latest turn of events the newly emerged opposition has demanded the position of the Deputy Speaker in India citing a constitutional convention. The present article attempts to examine what constitutional convention is and to what extent it can be applied. The Constitutional convention are those customs which though don’t have effect of law followed in the nation governed by the constitution.

It is quite interesting that the Constitutional Monarchy in the Britain is largely based upon this convention which is being followed from the long time the reason for this is gradual transfer of power from King to the parliament. It is convention in the Britain that Crown invite the leader of party holding the majority to form the government and such person is called Prime Minister. It is even interesting that Post of Prime Minster is only mentioned in the statute for salary and allowance etc. There is also a convention that the Crown should exercise power in the manner in which the Prime Minister advises it to do so.

All these constitutional conventions which were prevalent in England were adopted by the Indian Constitution but such convention was expressly mentioned in the Constitution as it was a newly cherishing democracy and the roots of such convention was not as strong as it was there in the old democracy like Britain and United States so practically the convention which was developed in Britain were adopted in the India.

However, it is important that, according to Dicey, conventions are not law or at least do not have the effect of law that can be enforced in court. According to Dicey the constitutional convention, although regulating the general conduct of the Crown or other persons under the Constitution, is not law in the stricto sensu.

Though the Constitution of India has adopted the British Convention however there was still the room for the development of the convention it is quite important to mention that some very important constitutional affairs in India is also governed by the constitutional convention like appointing senior most Judge of the Supreme Court to be the Prime Minster of the India.

Although the Constitution provides that the leader of the party having a majority in the Lok Sabha will be called by the President to form the government, it was not clear what would happen when no party has a majority in the Lok Sabha. There was not even the precedent of British System which could be considered as the convention. Thus in all these years the Presidents are following a Arithmetic Test which means a leader who is having the requisite numbers will form the government even when he is not a leader of the single largest party.

In the year 1973 the constitutional convention of appointing the senior most judge as the Chief Justice of India was broken when Justice A.N Ray was appointed Chief Justice of India by superseding three senior most Judges however the move of the government was widely criticized.

Over the years the convention of appointing the Deputy Speaker from the opposition party has persisted, although it can also be said that in reality the convention has been that a member other than the ruling party would be appointed to the post of Deputy Speaker. However, it is also worth mentioning that the post of deputy speaker was there in the Hands of Congress till 4th Loksabha it was the 5th Loksabha GG Swell of All Leaders Hill Conference was elected to the post.

It is further quite interesting that Article 93 of constitution makes it mandatory that the Deputy Speaker must be elected however there was no deputy speaker in the last loksabha (2019-2024) and in the Loksabha of 2014-2019 the member from the AIDMK was the Deputy Speaker.

Enforceability of the convention as the law has always remain debated Justice Singh in Supreme Court Advocates-on-Record Assn. v. Union of India (Second Judges Case)(1993) 4 SCC 441 has made a discussion about the Enforceability of the constitutional convention and the court has held that constitutional law and constitutional convention both are binding upon the “field of operation” the court has further held that if once it has been established satisfactorily before the court that particular convention exist and is governing the field the same may be enforce by the court in the like manner. In the aforesaid case has clearly laid down that convention will take effect of law if it gets the judicial recognition.

Thus if it can be established that there was a continuing tradition that a person other than the ruling party would hold the office of Deputy Speaker then it would have the effect of law if given judicial recognition.