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Ucmj article 93 – cruelty and maltreatment.

UCMJ Article 93

Cruelty and maltreatment.

The MCM states a service member may be subject to prosecution if they are guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders.

Understanding Article 93 (Cruelty and Maltreatment) of the UCMJ

The term “any person subject to his orders” protects those not only under the direct or immediate command of the accused, but also all persons who, by reason of some duty, are required to obey the lawful orders of the accused.  Those who are required to follow the lawful orders may or may not be subject to the UCMJ.

The cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard.  This offense may include assault, improper punishment, and sexual harassment.

Maximum Possible Punishment for Violations of Article 93

A violation of article 93 carries a maximum possible punishment of a Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

How do you defend against Article 93 Cruelty and Maltreatment charges?

When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients

If you or someone you know is facing Article 93 charges for Cruelty and Maltreatment, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-258-1653 for a free consultation .

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2015 (September Term)

United States v. Caldwell , 75 M.J. 276 (based on two factors, the military judge’s instructions were not plainly erroneous as a matter of law in light of the Supreme Court’s recent holding in Elonis v. US , 135 SCt 2001 (2015), where first, because of the unique nature of the offense of maltreatment in the military, a determination that the government is only required to prove general intent in order to obtain a conviction under Article 93, UCMJ, satisfies the key principles enunciated by the Supreme Court in Elonis , and where second, the military judge’s instructions sufficiently flagged for the panel the need to consider this general intent mens rea requirement when determining the guilt or innocence of the accused).

(Article 93, UCMJ, proscribes cruelty toward, or oppression or maltreatment of, any person subject to an accused’s orders; and the elements of this general intent offense are: (1) that a certain person was subject to the orders of the accused; and (2) that the accused was cruel toward, or oppressed, or maltreated that person; such cruelty, oppression, or maltreatment must be measured by an objective standard; moreover, such conduct need not result in actual harm to the victim — either mental or physical — because the essence of the offense is abuse of authority). 

(key to a court’s inquiry as to the offense of maltreatment are the specific facts and circumstances of a given case; stated differently, the fact finder must conduct an objective evaluation of the totality of the circumstances).

(in order to obtain a conviction under Article 93, UCMJ, the government must prove that: (a) the accused knew that the alleged victim was subject to his or her orders; (b) the accused knew that he or she was making statements or engaging in certain conduct in respect to that subordinate; and (c) when viewed objectively under all the circumstances, those statements or actions were unwarranted, unjustified, and unnecessary for any lawful purpose and caused, or reasonably could have caused, physical or mental harm or suffering). 

(there is no scenario where a superior who engages in the type of conduct prohibited under Article 93, UCMJ (maltreatment, can be said to have engaged in innocent conduct; this conclusion on the unique and long-recognized importance of the superior-subordinate relationship in the US armed forces, and the deeply corrosive effect that maltreatment can have on the military’s paramount mission to defend the nation). 

(a corollary to the principle that subordinates must obey their superiors is the principle that superiors must not maltreat their subordinates; the essence of this latter principle is captured by the provisions of Article 93, UCMJ, which has sought to preserve the integrity of the superior-subordinate relationship).

(criminal liability for maltreatment does not depend on whether conduct actually effects a harm upon the victim; the essence of the offense of maltreatment is abuse of authority). 

(with respect to the offense of maltreatment of a subordinate, a military superior can be held criminally responsible for voluntary conduct that is later determined to be abusive or otherwise unwarranted, unjustified, and unnecessary for any lawful purpose, even if the government does not prove that the superior possessed the specific intent to maltreat).

(the key question regarding intent with respect to the offense of maltreatment of a subordinate is whether the superior possessed general intent to offer the statements, or undertake the conduct, that either caused or could have caused suffering; this, of course, would not prevent a defense based on a genuinely held, reasonable mistake of fact). 

(with respect to the offense of maltreatment of a subordinate, abusive conduct that is consciously directed at a subordinate is in no sense lawful; this behavior undermines the integrity of the military’s command structure). 

(in the context of freedom of speech in the military, servicemembers do not possess the same broad rights of expression that civilians enjoy; this principle holds true even in regard to interactions between superiors and subordinates).

(with respect to the offense of maltreatment of a subordinate, the armed forces have the authority to ensure that servicemembers conduct themselves with the level of respect, obedience, and decorum that is required in furtherance of the effective execution of the military mission; thus, a superior who voluntarily engages in objectively abusive conduct towards a subordinate cannot be heard to complain that his actions were protected by his freedom of speech, or that his actions were lawful in any other sense). 

(in the context of the offense of maltreatment of a subordinate under Article 93, UCMJ, general intent sufficiently separates lawful and unlawful behavior in this context, and there is no basis to intuit a mens rea beyond that which had been traditionally required for Article 93, UCMJ). 

(in this case, the military judge did not commit plain error when he provided instructions to the general court-martial panel with respect to the offense of maltreatment of a subordinate given that his instructions properly emphasized general intent, even though the relevant instructions were less-than-explicit with respect to mens rea; here, the military judge defined maltreatment as action that when viewed objectively under all the circumstances: (a) is abusive or otherwise unwarranted, unjustified, and unnecessary for any lawful purpose; and (b) results in physical or mental harm or suffering, or reasonably could have caused, physical or mental harm or suffering; the military judge also explained that Article 93, UCMJ, imposes liability for conduct that constitutes assault or sexual harassment, defining sexual harassment as influencing, offering to influence, or threatening the career, pay, or job of another person in exchange for sexual favors, and further noting that sexual harassment also includes deliberate or repeated offensive comments or gestures of a sexual nature; finally, the military judge stated that for sexual harassment to constitute maltreatment, the accused’s conduct must, under all of the circumstances, constitute maltreatment as was previously defined; because the military judge repeatedly made clear that the panel members were required to consider appellant’s conduct under all the circumstances, these instructions could reasonably be understood as requiring the panel members to determine whether appellant knew that the alleged victim was subject to his orders and knew that he was making statements or was engaging in other conduct in respect to that alleged victim, i.e., whether appellant possessed the requisite general intent mens rea; accordingly, there was not a sufficient basis to conclude that the military judge’s instructions were erroneous). 

(case-specific circumstances that bear on an accused’s general intent have always been relevant to a properly conducted maltreatment inquiry).

(general intent requires knowledge with respect to the actus reus of the crime). 

(in the context of the offense of maltreatment of a subordinate, the actus reus, i.e., the guilty act, is the underlying, inappropriate conduct).

(a well-constructed maltreatment instruction should not merely refer to general intent implicitly, i.e., through the invocation of the phrase “under all the circumstances;” rather, going forward, a military judge’s instructions (in concert with the Benchbook’s approach) should more clearly and explicitly state that in order for an accused to be convicted of maltreatment under Article 93, UCMJ, the government must have proven that: (a) the accused knew that the alleged victim was subject to his or her orders; (b) the accused knew that he or she made statements or engaged in certain conduct in respect to that subordinate; and (c) when viewed objectively under all the circumstances, those statements or actions were abusive or otherwise unwarranted, unjustified, and unnecessary for any lawful purpose and caused, or reasonably could have caused, physical or mental harm or suffering).

(the third prong of the test for the offense of maltreatment of a subordinate, that is, that when viewed objectively under all the circumstances, the statements or actions were abusive or otherwise unwarranted, unjustified, and unnecessary for any lawful purpose and caused, or reasonably could have caused, physical or mental harm or suffering, does not mean that the accused must have known that a reasonable person would conclude that his or her conduct was abusive; instead, this prong requires consciousness of the underlying action, i.e., the words being offered or the action being undertaken).   2009 (September Term) United States v. Graner , 69 M.J. 104 (abuse of detainees in the custody or control of the United States may form the basis of a maltreatment conviction).

United States v. Harmon , 68 M.J. 325 (maltreatment requires: (1) that a certain person was subject to the orders of the accused; and (2) that the accused was cruel toward, or oppressed, or maltreated that person; there is no need to show actual harm; rather, it is only necessary to show, as measured from an objective viewpoint in light of the totality of the circumstances, that the accused’s action reasonably could have caused physical or mental harm or suffering).     

(appellant’s conduct was legally sufficient to support her conviction of four specifications of maltreatment for photographing, placing electrodes on, and writing “rapeist” on detainees while serving as a guard in an Iraqi prison, where the objective standard of harm was met for all four specifications; no reasonable detainee would want to be abused and, more importantly here, would wish his abusers to record this pointless, humiliating conduct; at least one detainee was aware he was being photographed at the time of the incidents, and it was reasonable for the military judge to find that one detainee would have feared electrocution when guards explicitly told him he would be electrocuted if he fell off the box, irrespective of whether the wires were actually electrified; it was similarly reasonable that the military judge concluded another detainee would suffer from having “rapeist” capriciously written on his leg while lying partially naked, hooded, and bound).  

United States v. Smith , 68 M.J. 316 (the elements of maltreatment are (1) that a certain person is subject to the orders of the accused; and (2) that the accused was cruel toward, or oppressed, or maltreated that person).

(Article 93, UCMJ, does not specifically address the context of detainees; however, it is intended to protect persons outside the U.S. military; the essential qualification from the victim’s perspective is whether or not the victim is subject to the orders of the accused, not whether the victim is a member of the U.S. armed forces; in this case, the detainees in an Iraqi prison where appellant was stationed as a military dog handler were subject to his orders under the SOP for working dogs; additionally, the detainees were subject to appellant’s orders in his capacity as a military policeman; finally, the relationship between a prison guard and prisoner or guard and detainee implies that the prisoners are subject to the guards’ orders).  

(Article 93, UCMJ, applies to detainees in U.S. custody or under U.S. control, whether they are members of the U.S. armed forces or not; in this case, viewing the evidence in a light most favorable to the prosecution, a reasonable juror could have found that the juvenile detainees had a duty to obey appellant as their prison guard; similarly, the prisoner status of the detainees and appellant’s role in controlling them imparted a duty for them to obey him).

United States v. Springer , 58 MJ 164 (Cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard; the imposition of necessary or proper duties and the exaction of their performance does not constitute this offense even though the duties are arduous or hazardous or both; there is no need to show actual harm, rather it is only necessary to show, as measured from an objective viewpoint in light of the totality of the circumstances, that the accused’s actions reasonably could have caused physical or mental harm or suffering).

United States v. Carson , 57 MJ 410 (although the words used by Congress to describe the proscribed conduct -- "cruelty," "oppression," and "maltreatment" -- depict situations that frequently involve physical or mental suffering on the part of the victim, the legislative history to Article 93, UCMJ, does not indicate that Congress sought to exclude cases meeting an objective standard).

(Article 93, UCMJ, does not preclude a conviction when, as an objective matter, the accused has engaged in behavior that amounts to cruelty, oppression, or maltreatment, even though the proof of harm or injury to the victim might fall short of demonstrating actual physical and mental pain or suffering; the essence of the offense is abuse of authority; whether conduct constitutes "maltreatment" within the meaning of Article 93, UCMJ, in a particular case requires an objective evaluation of the specific facts and circumstances of that case).

(in a prosecution for maltreatment under Article 93, UCMJ, it is not necessary to prove physical or mental harm or suffering on the part of the victim, although proof of such harm or suffering may be an important aspect of proving that the conduct meets the objective standard; it is only necessary to show, as measured from an objective viewpoint in light of the totality of the circumstances, that the accused's actions reasonably could have caused physical or mental harm or suffering).

United States v. Brown , 55 MJ 375 (conduct amounting to sexual harassment can be punished as a military offense if it constitutes maltreatment of a subordinate under Article 93, UCMJ).

United States v. Fuller , 54 MJ 107 (evidence of maltreatment was found legally insufficient where the conviction was based primarily on evidence of consensual sexual relations between appellant and a PFC who was a female soldier in appellant’s unit; Article 93, UCMJ, is not a strict liability offense punishing all improper relationships between superior and subordinates)

(appellant was a superior noncommissioned officer and PFC’s platoon sergeant, a relationship which could create a unique situation of dominance and control; however, where PFC was apparently not intoxicated and was a willing participant throughout an entire evening, the record in this case provided no indication that PFC felt unable to resist appellant’s actions)

  (considered in light of the facts and circumstances of the case, a comment by appellant to another noncommissioned officer, to the effect of "you’ve gotta get some of this", was legally insufficient standing alone to constitute the offense of maltreatment by sexual harassment; although the comment may have been embarrassing to a female PFC, but the comment does not support a finding of maltreatment by sexual harassment).

  (under the circumstances of this case, appellant’s conduct did not constitute maltreatment; however, that conduct, including sexual relations with a PFC and encouraging another noncommissioned officer to have sexual intercourse with her, was prejudicial to good order and discipline or service discrediting and constituted the lesser-included offense of a simple disorder under Article 134, UCMJ).

United States v. Knight , 52 MJ 47 (it was not necessary to determine whether Article 93, UCMJ, has an “officiality” requirement where appellant pleaded guilty and admitted that his conduct violated the maltreatment prohibition, admitted that he used a phony credit card known to be derived from confidential information in appellant’s official control as a result of military duties, and knew that his conduct would cause the victim command embarrassment).

(appellant’s construction of Article 93, UCMJ, as requiring the prosecution to show that appellant was acting in a supervisory role when he maltreated the victim is not supported by the plain language of the statute, but under the circumstances of appellant’s guilty plea the CAAF did not decide that legal question).

Article 93 Cruelty & Maltreatment

Article 93, Cruelty and Maltreatment, is charged in a few different ways when service members are suspected of this UCMJ violation. In general, it’s used when a service member is suspected of sexual harassment, toxic leadership, or, when charged as Article 93a, Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust.   

Article 93, UCMJ. Cruelty And Maltreatment    

The article reads as follows:  

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.  

Elements.  

(1) That a certain person was subject to the orders of the accused; and  

(2) That the accused was cruel toward, or oppressed, or maltreated that person.  

Sexual harassment charged as Article 93  

Commanders may charge sexual harassment as Article 93 when someone is accused of sexual harassment towards a subordinate. Sexual harassment is defined as behavior characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation. This behavior is seen as cruel and constitutes maltreament.   

Toxic Leadership charged as Article 93  

Toxic Leadership Charged as Article 93 is for those accused of toxic leadership. It is when their behavior toward their subordinate is suspected of being cruel or oppressive. Congress is particularly on the lookout for this type of behavior so expect military leaders to investigate suspected incidents thoroughly. The behavior of leaders accused of Article 93 might be seen by their subordinate as cruel if they yell, demean, or otherwise ridicule their subordinates.  

Misbehavior with recruits or trainees charged as Article 93a  

Article 93a is an article newly defined as part of the Military Justice Act 2016. It specifies misbehavior by a military training instructor or a person in a position of special trust with persons in their charge. Behavior includes prohibited activities such as an inappropriate or sexual relationship with a trainee or recruit.   

Command Investigation of Article 93 and Article 93a

If a commander’s inquiry provides enough evidence to conduct an investigation , a commander will conduct either a commander investigation or turn the investigation over to military law enforcement. An NCO or officer suspected of an Article 93 violation or Article 93a should immediately seek legal counseling as soon as they are aware of this investigation. An experienced military defense attorney can protect the accused interests during the investigation by providing counsel to the accused. Often military law enforcement or unit leadership will either intentionally or unintentionally try to convince the accused to make a statement against their own interest under the guise of being helpful. Service members accused of UCMJ violations should seek legal counsel before making any statements.  

Does Article 93 get charged as a court-martial or adverse administrative action?  

Most UCMJ violations with the exception of sexual assault are adjudicated with adverse administrative action starting with Article 15 or a General Officer Letter of Reprimand. The service member will have an opportunity to address this Article 15 or GOMOR with a response in order to convince the convening authority to file the GOMOR locally. A local filing can allow for career recovery. An excellent attorney can assist in shaping an GOMOR response to achieve a local filing. If the GOMOR or Article 15 is filed in a service member’s permanent record, then this is often followed up with either a command-instigated or human resource command-directed separation board. If the service member has six or more years of service, the accused has the opportunity to defend their actions before a separation board to avoid being found guilty of Article 93.   

Charges of Article 93a can result in involuntary discharge  

Recently the US Air Force Updated their discharge rules for airmen accused of sexual assault. It tightened the exceptions for automatic discharge of those credibly accused of sexual assault. Those determined to be guilty of Article 93a are subject to automatic discharge.  

For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.  

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ARTICLES OF THE UCMJ

ARTICLE 93 CRUELTY AND MALTREATMENT

This punitive article deals with persons who are found guilty of ill- treating, oppressing or being cruel to a subordinate or any person who is required to follow the former's orders. Punishment for this offense is determined through the process of court martial.

The elements to be proved in Article 93 cases are:

• That the victim of the cruelty or maltreatment was a subordinate of the accused, i.e.: subject to the accused individual's orders.
• That the accused individual exhibited cruelty, maltreated or oppressed the victim in a specific manner.

WHAT IS THE MAXIMUM PUNISHMENT GRANTED UNDER ARTICLE 93?

Under Article 93, the accused faces dishonorable discharge, confinement for one year and forfeiture of all allowances and pay as maximum punishment. To learn more about this punitive article refer to the Manual for Courts Martial.

EXPLANATION OF ARTICLE

Article 93 protects individuals from being maltreated or oppressed by their immediate superiors or those who are in a position to give them orders. Under this punitive article, a serviceman shall be charged even if he is found guilty of showing cruelty to or maltreating persons who, though not in his direct chain of command, have to follow his orders.

To find the accused guilty, the prosecution does not need to show evidence of physical cruelty or maltreatment. However, it is necessary to prove that cruelty, maltreatment or oppression actually occurred. Any treatment that is deemed, under objective standards, to be unfair, abusive, unwarranted and unnecessary to fulfill a lawful purpose may attract charges under this article.

POINTS TO NOTE ABOUT ARTICLE 93

• Article 93 also covers acts that cause mental suffering or that could reasonably have caused such suffering. It is not just physical abuse that is covered under this article.
• The maltreatment or oppression or cruelty may also be in the form of sexual harassment, assault or improper punishment.
• In Article 93 cases, the victim's acquiescence or lack of it plays a key role in establishing whether or not maltreatment/ abuse/ cruelty took place.
• The accused cannot be found guilty of violating this article if he imposed necessary duties or assigned such duties to a subordinate even if they involved hazardous or extremely arduous work.

SEXUAL HARASSMENT AS PART OF ARTICLE 93 OFFENSES

In recent times, with the government's increasing focus on preventing sexual harassment within the armed forces, the scrutiny on servicemen has increased significantly. There is a much greater risk today that an enlisted member of the armed forces may be charged with sexual abuse. This makes it important for all servicemen to know and understand the punitive articles under which such charges can be brought against them.

Under Article 93, the serviceman can be charged with sexual harassment if he influences, offers to influence, makes threats (against the job, career, pay of another) in exchange for sexual favors. Gestures and comments with sexual nuances that are repeated also constitute sexual harassment under this article. Along with the circumstances of the alleged offense, the victim's willingness to participate may play an important role in determining the guilt of and punishment for the offender.

EXAMPLE OF ARTICLE INCIDENCE

In the United States v. Fuller, 54 M.J. 107 (C.A.A.F. 2000) case, it was deemed that despite maintaining sexual relations with the subordinate, the accused was not guilty of maltreatment under Article 93 since there was no evidence of control or dominance in the consensual relationship.

In contrast, the act of conducting intrusive body searches with female trainees was deemed to have caused mental harm or suffering, as per the testimony of a victim and the accused in United States v. Springer, 58 M.J. 164 (C.A.A.F. 2003) was deemed guilty.

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ARTICLE 93 – MALTREATMENT

In our experience, Article 93 has historically been used to charge offenses involving sexual harassment. That is not to say that Article 93 is exclusively used for sexual harassment cases. It is possible for assaults and improper punishments to constitute the offense. The authors have certainly been involved in cases in which service members with medical conditions were forced to engage in tasks as punishment that were clearly prohibited by limitations placed on the victim’s activity by doctors.

The victim, however, is always a subordinate subject to the orders of the accused. There is case law indicating that more than seniority of rank is required to constitute a violation of Article 93. The inquiry is whether the person was subject to the orders of the accused.[2]

The cruelty, oppression, or maltreatment is measured by an objective standard. It does not have to physical cruelty, oppression, or maltreatment, which can be key in sexual harassment cases.

Elements of Maltreatment:

• That a certain person was subject to the orders of the accused; and
• That the accused was cruel toward, or oppressed, or maltreated that person.[1]

Practice Pointers

Any defense in a maltreatment case must first examine the nature of the victim. Because Article 93 cases tend to involve allegations of sexual harassment in a senior-subordinate relationship, there is typically ample opportunity to investigate the alleged victim’s conduct within that senior to a subordinate relationship. Defense counsel will want to consider some of the following aspects of the client’s relationship with the alleged victim:

• The extent to which the alleged victim perceived a personality conflict with the accused;
• Reasons for any perceived personality conflict with the accused. This includes disciplinary actions taken by the accused against the alleged victim;
• The alleged victim’s prior history of complaining about seniors;
• The alleged victim’s mental health history for mood disorders, anxiety disorders, and personality disorders;
• Personal stressors in the alleged victim’s life that may cause him or her to misperceive valid military duties as being cruel, oppressive, or maltreatment;
• Evidence indicating that any relationship between the senior and the alleged victim was consensual. Consensual sexual relationships without more, is not maltreatment [3];
• Evidence that the alleged actions of the senior had no impact on the alleged victim’s job performance, day-to-day activities, and mental health;
• Evidence that other subordinates were subjected to similar treatment and did not perceive the treatment as being cruel, oppressive, or maltreatment.

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Constitution of India

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.

Article 76, Draft Constitution of India 1948

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.

Article 93, Constitution of India 1950

Draft Article 76 (Article 93) was discussed on 19 May 1949. It established the offices of the Speaker and Deputy Speaker.

There was no substantive debate around the Draft Article. The Assembly adopted it without amendments on 19 May 1949.

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Charter of the United Nations

Chapter xiv — the international court of justice.

“ 1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.

2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council. ”

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Cruelty and Maltreatment – Article 93, UCMJ

Call our experienced sexual crime defense lawyers today for help finding the court martial attorneys for your case..

“Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.” Article 93.

Crimes: Article 93 – Cruelty and Maltreatment

• That a certain person was subject to the orders of  the accused ; and
• That the accused was cruel toward, or oppressed, or maltreated that person. MCM, pt. IV,  17b.

Nature of the Victim

The victim  must be subject to the orders of the accused. This includes not only those under the direct or immediate supervision or command of the accused, but also any person (soldier or civilian) who is required by law to obey  the lawful orders  of the accused.  United States v. Sojfer  , 44 M.J. 603 (N-M. Ct. Crim. App. 1996) (E-3 seeking care at military medical facility could be “subject to the orders of” an E-6 corpsman since there was an important difference in rank which required the victim to obey the accused’s orders),  aff’d,  47 M.J. 425 (C.A.A.F. 1998);  but cf. United States v. Curry  , 28 M.J. 419 (C.M.A. 1989) (requiring more than seniority of rank to implicate Art. 93).

Nature of the Act

The cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard. Assault, improper punishment, and sexual harassment  may constitute this  offense . MCM, pt. IV,  17c(2).

• Nature of superior’s official position could place them in a “unique situation of dominance and control” and therefore bring ostensibly voluntary sexual relationship with a trainee within the definition of oppression and maltreatment, but not all personal relationships between superiors and subordinates, or between drill sergeants and their trainees, necessarily result in physical or mental pain or suffering; and government has the burden of proving that accused’s conduct resulted in such physical or mental pain and suffering by an objective standard. United States v. Johnson  , 45 M.J. 543 (Army Ct. Crim. App. 1997);  but see United States v. Fuller  , 54 M.J. 107 (C.A.A.F. 2000) (comment of sexual nature was not maltreatment by sexual harassment because prosecution failed to prove that it offended the alleged victim); U.S. v Goddard  , 54 M.J. 763 (N-.M Ct. Crim. App. 2000).
• In a prosecution for maltreatment, it is not necessary to prove physical or mental harm or suffering on the part of the victim. It is only necessary to show, as measured from an objective viewpoint in light of the totality of the circumstances, that the accused’s actions reasonably could have caused physical or mental harm or suffering. United States v. Carson  , 57 M.J. 410 (C.A.A.F. 2002) (MP desk sergeant’s indecent exposure of his penis to a subordinate female MP constituted maltreatment under Article 93).

Falsely Accused of Military Sexual Assault : What Should I Do?

Military Sexual Assault Lawyer Tips

Select Cases

• A consensual sexual relationship between a superior and a subordinate, without more,is not maltreatment.  United States v. Fuller  , 54 M.J. 107 (C.A.A.F. 2000) (even though relationship may have constituted fraternization, evidence did not evince “dominance and control” by the superior).
• U.S. v Goddard  , 54 M.J. 763 (N.M. Ct. Crim. App. 2000). A one time consensualsexual encounter with a female subordinate on the floor of the detachment’s administrative office will not support a conviction for cruelty and maltreatment.
• Cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard. The imposition of necessary or proper duties and the exaction of their performance does not constitute this offense even though the duties are arduous or hazardous or both. However, the accused’s intrusive body searches of female trainees, objectively viewed, reasonably could have caused mental harm or suffering based on testimony that a person subject to an EPW search could feel “violated,” and testimony by a victim that she felt humiliated by the search. United States v. Springer  , 58 M.J. 164 (C.A.A.F. 2003).

Contact our hard-hitting military sexual assault defense lawyers today for help finding the best civilian counsel for your legal issues.

Constitution Of India, Indian Penal Code - IPC

Article 93 of Indian Constitution – The Speaker and Deputy Speaker of the House of the People

Article 93 of Indian Constitution: The Speaker and Deputy Speaker of the House of the People

Article 93 The Speaker and Deputy Speaker of the House of the People – Constitution Of India

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.

Constitution Of India Part 5 The Union – Articles 52 to 151

Article 52 of indian constitution, article 53 of indian constitution, article 54 of indian constitution – election of president, article 55 of indian constitution – manner of election of president, article 56 of indian constitution – term of office of president, article 57 of indian constitution – eligibility for re-election, article 58 of indian constitution – qualifications for election as president, article 59 of indian constitution – conditions of president’s office, article 60 of indian constitution – oath or affirmation by the president, article 61 of indian constitution – procedure for impeachment of the president, article 62 of indian constitution, article 63 of indian constitution – the vice-president of india, article 64 of indian constitution – the vice-president to be ex officio chairman of the council of states, article 65 of indian constitution, article 66 of indian constitution – election of vicepresident, article 67 of indian constitution – term of office of vice-president, article 68 of indian constitution, article 69 of indian constitution – oath or affirmation by the vicepresident, article 70 of indian constitution – discharge of president’s functions in other contingencies, article 71 of indian constitution – matters relating to, or connected with, the election of a president or vice-president, article 72 of indian constitution, article 73 of indian constitution – extent of executive power of the union, article 74 of indian constitution – council of ministers, article 75 of indian constitution – other provisions as to ministers, article 76 of indian constitution – attorney general for india, article 77 of indian constitution – conduct of business of the government of india, article 81 of indian constitution – composition of the house of the people, article 80 of indian constitution – composition of the council of states, article 79 of indian constitution – constitution of parliament, article 78 of indian constitution, article 82 of indian constitution – readjustment after each census, article 83 of indian constitution – duration of houses of parliament, article 84 of indian constitution – qualification for membership of parliament, article 85 of indian constitution – sessions of parliament, prorogation and dissolution, article 86 of indian constitution – right of president to address and send messages to houses, article 87 of indian constitution – special address by the president, article 88 of indian constitution – rights of ministers and attorneygeneral as respects houses, article 89 of indian constitution – officers of parliament, article 90 of indian constitution – vacation and resignation of, and removal from, the office of deputy chairman, article 91 of indian constitution, article 92 of indian constitution, article 94 of indian constitution – vacation and resignation of, and removal from, the offices of speaker and deputy speaker, article 95 of indian constitution, article 96 of indian constitution, article 97 of indian constitution, article 98 of indian constitution – secretariat of parliament, article 99 of indian constitution – oath or affirmation by members, article 100 of indian constitution, article 101 of indian constitution – vacation of seats, article 102 of indian constitution – disqualifications for membership, article 103 of indian constitution, article 104 of indian constitution, article 105 of indian constitution – powers, privileges and immunities of parliament and its members, article 106 of indian constitution – salaries and allowances of mp members of parliament, article 107 of indian constitution – legislative procedure, article 108 of indian constitution, article 109 of indian constitution, article 110 of indian constitution – money bills, article 111 of indian constitution – assent to bills, article 112 of indian constitution – annual financial statement, article 113 of indian constitution, article 114 of indian constitution – appropriation bills, article 115 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UCMJ Article 93: Cruelty, Oppression, Or Maltreatment

At Bilecki Law Group, we defend service members against charges of cruelty, oppression, or maltreatment of subordinates under Article 93 of the UCMJ. This includes charges of prohibited activities with a recruit or trainee by a person in a position of special trust. 

Home » Court Martial Defense » Punitive Articles of the UCMJ » UCMJ Article 93: Cruelty and Maltreatment

What Is Article 93 Of The UCMJ?

The military crime of cruelty, oppression, or maltreatment of subordinates takes place under Article 93 of the UCMJ when a service member was subject to the orders of the accused and the accused was cruel toward, oppressed, or maltreated the service member in a specific manner. 

Article 93 goes on to clarify that the (cruelty) (oppression) (or) (maltreatment) must be real, although it does not have to be physical. The imposition of necessary or proper duties on a service member and the requirement that those duties be performed does not establish this offense even though the duties are hard, difficult, or hazardous.

(“Cruel”) (“oppressed”) (and) (“maltreated”) refer(s) to treatment, that, when viewed objectively under all the circumstances, is abusive or otherwise unwarranted, unjustified, and unnecessary for any lawful purpose and that results in physical or mental harm or suffering, or reasonably could have caused, physical or mental harm or suffering.

Risking your future over an accusation of cruelty is not acceptable. Learn how you can fight back against your charges with the help of Bilecki Law Group TODAY

What Kinds Of Charges Can Come Out Of An Article 93 Investigation?

Article 93 contains two specific charges and we’ll cover those in a minute. However, from our experience there are two categories of charges that we have seen under Article 93 of the UCMJ. First category are charges that genuinely serve to protect service members from genuine malice. The second category of charges could be uniquely summed up as the bullshit category. 

It never ceases to amaze us how the military can create and thrive off a culture where the rigid and harsh are glorified and then arbitrarily pick a seemingly routine action and say, “woah, you’ve gone too far.” Old Blood and Guts General Patton would absolutely lose his mind if saw some of the actions now being labeled as cruelty or oppression. Now, that is not to say that there is not a line and that one can indeed go too far in the modern military. However, that line looks more like a 5-year-olds crayon scribbling with the way these charges are inconsistently prosecuted.

In one command, the grizzled Sergeant Major can be viewed as one tough S.O.B who doesn’t take crap from anyone and then prosecuted for the same behaviors under another command as a result of Article 93. However, it really doesn’t matter which category your charges fall under. Whether it is a legitimate case where you went too far, or a bs case where the new PFC got his feelings hurt, your only answer is to fight back. That is to fight for your career, retirement, and your freedom because the military justice system will take it all from you if you let it. 

What Must the Prosecution Prove To Convict Under Article 93?

There are two specific charges that can be levied against you under Article 93 of the UCMJ. The elements that must be satisfied to convict under the most common charge are quite simple and unfortunately, that leaves a great deal of room for an opinion as to what is cruel or maltreatment. The charges are as follows:

Cruelty, Oppression, or Maltreatment of Subordinates

This is the most common charge and it only requires two elements to be satisfied. Those are;

(1) That (state the name (and rank) of the alleged victim) was subject to the orders of the accused

(2) That (state the time and place alleged), the accused [(was cruel toward) (oppressed) (maltreated)] (state the name of the alleged victim) by (state the manner alleged).

Meanwhile, the next charge comes with a great deal of specificity and we most often see out of military recruiting offices who are working with civilians prior to their entrance into the military. 

Allegations of cruelty could undermine or even destroy your military career. Contact Bilecki Law Group today for a free consultation into your case.

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Prohibited activities with recruit or trainee by person in position of special trust.

With recruiting offices for every service branch in most major cities from sea to shining sea, this covers a wide swath of territory. There are separate categories and as such, it’s best to just list the elements that must be satisfied as we see them right out of the UCMJ.

Abuse of Training Leadership Position:

(1) That the accused was a (commissioned) (warrant) (noncommissioned) (petty) officer

(2) That the accused was in a training leadership position with respect to (state the name of the alleged victim), a specially protected junior member of the armed forces 

(3) That (state the time and place alleged), the accused engaged in prohibited sexual activity with (state the name of the alleged victim), a person the accused knew or reasonably should have known was a specially protected junior member of the armed forces.

Abuse of Position as a Military Recruiter

(2) That the accused was a military recruiter

(3) That (state the time and place alleged), the accused engaged in prohibited sexual activity with (state the name of the alleged victim), a person the accused knew or reasonably should have known was (an applicant for military service) (a specially protected junior member of the armed forces who was enlisted under a delayed entry program).

It then goes on to define prohibited sexual activity as inappropriate physical intimacy which includes specific acts. It is important to note that consent is not a defense to this offense. So, if a 25-year-old Marine engages in consensual physical intimacy with a 19-year-old poolee, then violation has occurred, regardless of consent.

What’s The Worst Punishment That Can Happen Under Article 93?

Before we talk about the punishments, it is important to highlight the fact that the military justice system does not exist for the purpose of achieving justice. Rather, the military justice system exists for the singular purpose of maintaining military discipline and order. For this to be effective, they need to make public examples out of someone. So, that might mean that the accusation of cruelty seems mild, but if you let them, they will make that example out of you. Don’t be lulled into a false sense of complacency here that they won’t give you the max punishment.

The maximum punishment for cruelty, oppression, or maltreatment of subordinates is a dishonorable discharge, total forfeiture of all pay and allowances, 3 years confinement and a reduction in rank to E-1. That’s a hell of a price to pay and it doesn’t matter if you are sitting at 19 and a half years; they can still take everything from you on the testimony of some PFC and a command that wants to look tough on abuse.

Meanwhile, the maximum punishment for prohibited activities with a recruit or trainee is a dishonorable discharge, total forfeiture of all pay and allowances, 5 years confinement and a reduction in rank to E-1. Now, that’s a hell of a price to pay if some poolee or recruit wants out of their contract because they are getting cold feet and are trying to save face by saying you did something. 

How To Fight And Win Against Charges Under Article 93?

Perhaps one of the most known cases of abuse took place out of Parris Island when a Drill Instructor put a Muslim recruit in a dryer, tumbled him around, called him racist names and the recruit ultimately leaped to his death. That is a tragedy and exactly why Article 93 exists. However, most cases are far more nuanced than that. 

Just since 2017 there have been some 20 plus West Coast Marine Drill Instructors disciplined for abusing recruits. In our assessment, some of the charges fall into the legit category. Others smell much more like bs and took place under a command trying to show they were taking this seriously after the Parris Island case made all the news. 

When it comes to your defense, it doesn’t matter if you know you went a little too far or you are being prosecuted for complete garbage, your only option is to fight. If you don’t make yourself a harder target than the next guy, the military justice system will see you as an easy target to get their “example.” They will take everything from you if you don’t stand up and fight. 

Take The Fight To The Military Justice System

At Bilecki Law Group, we give the military justice system the last thing they want and that is an actual fight. Military prosecutors expect to get an easy conviction because they know this is a hot topic in the public square these days. Like they say, everyone has a plan until they get punched in the mouth. We are going to cede nothing to the prosecution and fight to take everything from them.

We’ll look at how many individuals brought charges against you and whether such charges are in keeping with your reputation in the military. If you pulled your buddy out of a burning AAV in Iraq and some PFC or recruit thinks you are too tough on them, we’re not going to let that sit. We’ll look at the circumstances around the orders deemed cruel and make the case that your actions were keeping with the realities of combat. 

The point is that we fight them until the very end because we know their command is looking for that easy win and “example” to scare others into compliance. Again, it doesn’t matter if you indeed went too far. This does not mean that your military career is over. We can fight to secure you the best possible outcome because we actually fight back. If you are facing investigation or charges under Article 93, don’t wait until it is too late. Reach out and give us a call. We’ll give you a free consultation and tell you exactly what you are facing. 

The tragedy of Article 93 charges is that they often hit a service member when they are in positions of authority and have already decided to make this a career. If you let the military justice system have their way, they will take it all from you. Don’t take these charges lightly and reach out to us. We’ll tell you what’s legit and what’s bs. Then, as long as you are willing to fight, so are we and we fight to win. 

Frequently Asked Questions About Article 93

Yes, you can. Article 93 does not require the alleged victim to be under the direct chain of command of the accused officer. As long as the alleged victim is by some fashion required to obey the lawful orders of the accused, then charges may be leveled against the said accused officer.

Cruelty, oppression or maltreatment comes in many different forms. The Manual for Court Martial defines any form of assault or improper punishment as punishable under Article 93. Furthermore, sexual harassment could be defined as maltreatment if it is proven that the accused influenced, offered to influence, or threatened to harm the career, pay, or job of another person in exchange for sexual favors. What would  not  be considered a form of cruelty is if an officer requests a service member to perform a duty even though that duty may prove to be an imposition for said service member; this could include duties that are hazardous to the health of the service member.

Article 93 of the UCMJ authorizes a maximum sentence of:

• Reduction to E-1
• Forfeiture of all pay and allowances
• Confinement for 1 year
• Dishonorable discharge

Bilecki Law Group has been fighting for service members for years. Our experience is unequal. Our devotion to our clients is legendary. And our case history is some of the best in the business.  Bilecki Law Group will help you fight back against charges under Article 93: Cruelty and Maltreatment

More Articles of the Uniform Code of Military Justice

• Penalties for Failure To Obey Order Or Regulation
• UCMJ Article 94: Mutiny And Sedition
• Article on Provoking Speeches Or Gestures
• UCMJ Assault
• Article 133: Conduct Unbecoming An Officer And Gentleman

Don’t just plead guilty… Fight Back !

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PDT Achary writes: Why Lok Sabha must have a Deputy Speaker

The constitution mandates the election of the deputy speaker of the lok sabha soon after the speaker is elected. yet, over three years after the present house first met, the position remains vacant.

The present Lok Sabha first met after the election on June 17, 2019. Under Article 83(2) of the Constitution, the term of the Lok Sabha begins from the day of its first meeting and ends on the day it completes five years from that date unless it is dissolved earlier. So, the term of the present Lok Sabha will end on June 16, 2024. It has completed three years and seven months of its term. In June 2024, the 18th Lok Sabha is expected to be elected.

There are two presiding officers for the Lok Sabha , namely the Speaker and the Deputy Speaker, who are elected by the members of the House. Under Article 93 of the Constitution, as soon as the House meets after the election these two presiding officers are elected one after the other. The practice followed so far has been to elect the Speaker after the oath-taking. Thereafter, within a few days, the Deputy Speaker is also elected. However, in the present Lok Sabha, the House has not elected a Deputy Speaker even after three years and seven months of its term are over. The non-election of the Deputy Speaker has now reached the Supreme Court, which has reportedly sent notice to the Union government.

The Speaker and the Deputy Speaker are described in the Constitution as officers of Parliament, which signifies their importance in the parliamentary system. There may be an impression in some quarters that the Deputy Speaker is not an indispensable office and the House can be run even without one. Considering the history of this office, it can be said surely that a Deputy Speaker is as important as the Speaker for the House. The history of the office of Deputy Speaker goes back to the government of India Act of 1919 when he was called Deputy President as the Speaker was known as the president of the central legislative assembly. Although the main functions of a Deputy Speaker were to preside over the sittings of the assembly in the absence of the Speaker and chair the select committees etc., the position was considered necessary to share the responsibility of running the House with the Speaker and guide the nascent committees.

This tradition was continued after Independence, when a Deputy Speaker was elected to chair, besides the Speaker, the meetings of the Constituent Assembly (Legislative). The first Speaker was G V Mavalankar and the first Deputy Speaker was M Ananthasayanam Ayyangar who was elected by the Constituent Assembly (Legislative) on September 3, 1948. Later under the new Constitution, he was elected the first Deputy Speaker of the House of the people on May 28, 1952. Thereafter, every Lok Sabha had a Deputy Speaker who would be elected after a few days of the election of the Speaker.

The few exceptions were S Mallikarjunaiah in the 10th Lok Sabha who was elected 33 days after the election of the Speaker, Suraj Bhan who was elected 49 days after the election of the Speaker and P M Sayeed who was elected to that office 9 months after the election of the Speaker.

The question of why a Deputy Speaker has not been elected in the 17th Lok Sabha has no ready answer. Although Article 93 says that the House shall elect the Speaker and the Deputy Speaker as soon as may be, the practice has been for the government to propose the name of the Speaker and choose a member from the Opposition as a consensus candidate for the post of Deputy Speaker.

This practice was not strictly followed only on some occasions. Otherwise, choosing an Opposition member as the Deputy Speaker has been, by and large, followed as a healthy convention. But if a government does not favour an Opposition member for political reasons, it is free to choose a member from its own party.

Constitutionally, the government has not been assigned any role in the election of the Deputy Speaker. As per Rule 8 of the Rules and Procedure of Lok Sabha it is the Speaker who has to fix the date of the election of the Deputy Speaker. Once the date is fixed, any member can propose the name of any other member through a motion for the consideration of the House. The House can then proceed to elect its Deputy Speaker. But in reality, it is the government which initiates the political process of the consultation with other parties and works out a consensus. If this does not work, the government can propose the name of its own member for this position. There can be another way which, of course, is very unconventional and which has never been tried. Since it is the Speaker who has to set the process in motion by fixing the date and he has not done it so far, any member of the House can move a resolution requesting the Speaker to fix the date.

The treasury benches cannot oppose such a resolution as it is aimed at implementing the constitutional mandate. The date of election of the Speaker is decided by the President who needs to go by the advice of the Union cabinet which, in fact, chooses the date. In the case of the Speaker, there is no constitutional requirement for him to wait for the advice of the Union cabinet in fixing the date of election of the Deputy Speaker. However, the political reality is different.

In the context in which we are discussing this issue it will be interesting to note that the Deputy Speaker has the same power as the Speaker when he presides over a sitting of the House. Similarly no appeal lies to the Speaker against a ruling given by the Deputy Speaker. So the Speaker is powerless in the matter of revising or overruling a decision of the Deputy Speaker. Under Article 95(1) of the Constitution, the Deputy Speaker gets all the powers of the Speaker when the office of the Speaker is vacant, so the Deputy Speaker can also determine the petitions relating to disqualification under the 10th Schedule of the Constitution.

Although the Deputy Speaker gets to exercise these powers only in the absence of the Speaker his decisions are final and binding when he gives a ruling. In the eventuality of the Speaker remaining absent for a longer time due to illness or otherwise the government will have to grapple with the unpredictability of a ruling or an adverse decision by a Deputy Speaker who comes from the Opposition ranks. Maybe by not electing the Deputy Speaker someone decided to err on the side of caution. But now that the Supreme Court is seized of the matter the status quo may be disturbed. Article 93 contains a mandatory provision which needs to be carried out by the House.

The writer is former secretary general, Lok Sabha

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Lok Sabha Speaker [Article 93 - 96]

The presiding officer of the lower house of the Parliament is the Lok Sabha Speaker. Provisions of his/her and deputy speaker’s offices are dealt with Articles 93, 94, 95 and 96 of the Indian Constitution. In the Indian parliamentary democracy, the Office of the Speaker of Lok Sabha holds a significant position.

Current Speaker of Lok Sabha 2021 is – Om Birla

Present Deputy Speaker of Lok Sabha 2021 is – It is vacant (from 2019); Munisamy Thambidurai (2014 -19)

This article provides information about the two important offices in the Indian Parliament – speaker and deputy speaker of Lok Sabha in the context of IAS Exam .

This topic is an important part of the  UPSC Syllabus , and it will be useful for both Prelims and Mains (GS 2), and also for Political Science Optional.

Some important offices enshrined in the Indian Constitution are discussed in detail in the articles linked below:

Table of Contents

Lok Sabha Speaker & Deputy Speaker – Constitutional Provisions

• In 1921, the offices of Speaker and Deputy Speaker originated in India under the Government of India Act of 1919 (Montague – Chelmsford Reforms).
• The Speaker and the Deputy Speaker were known to be President and Deputy President respectively till 1947.
• Before 1921, the Central Legislative Council was presided over by the Governor-General of India.
• In 1921, the Governor-General of India appointed the Frederick Whyte and Sachidanand Sinha as the first Speaker and the first Deputy Speaker respectively of the Central Legislative Assembly.
• First Indian and first elected Speaker of the central legislative assembly – Vithalbhai J. Patel (in 1925).
• The Government of India Act of 1935 changed the nomenclatures of President and Deputy President of the Central Legislative Assembly to the Speaker and Deputy Speaker, respectively. But, the old nomenclature was continued till 1947 because the federal part of the 1935 Act was not implemented.
• First Speaker of the Lok Sabha – G V Mavalankar
• First Deputy Speaker of the Lok Sabha – Ananthasayanam Ayyangar
• G V Mavalankar held the post of Speaker in Constituent Assembly (Legislative) as well as the provisional Parliament (held the post of Speaker continuously from 1946 to 1956).

To read more about the Constituent Assembly , check the linked article.

Significance of the Office of Speaker of Lok Sabha

• The Speaker represents the full authority of the House, whereas the members of Parliament represent the individual constituencies.
• The Office of the Speaker symbolises the dignity, honour and power of the House over which he/she is presiding.
• The Speaker is considered as the true guardian of the traditions of parliamentary democracy.
• The activities/actions of the Speaker are under scrutiny in the House, and he/she can’t overlook any aspect of parliamentary life.
• The Office of the Speaker has been given a very high position (Seventh Rank) in the Warrant of Precedence in India, positioned along with the Chief Justice of India and next only to the President, the Vice-President and the Prime Minister. He/she has a higher rank than all cabinet ministers.

Term/Tenure of Office

• The Speaker doesn’t vacate his/her office immediately whenever the Lok Sabha is dissolved, but continues till the first meeting of the newly elected Lok Sabha.
• When the Lok Sabha is dissolved, the Speaker ceases to be a member of the house, but he/she doesn’t vacate his/her office.
• If he/she ceases to be a member of Lok Sabha;
• If he/she resigns by writing to the Deputy Speaker;
• If he/she is removed by a resolution passed in the Lok Sabha.
• He/She is eligible for re-election.

Resignation – Who shall the Lok Sabha speaker submit his/her resignation to?

• The Speaker may, at any time, resign from Office by writing under his/her hand to the Deputy Speaker.

Can Lok Sabha speaker be removed?

• The Speaker can be removed if a resolution is passed by a majority of all the members of the Lok Sabha, that is, by absolute majority and not by ordinary majority.
• It is also compulsory to give a minimum of 14 days’ advance notice of the intention to move the resolution.
• The motion of removal can be considered and discussed only when it has the support of at least 50 members of the House.
• When a resolution for removal of the Speaker is under consideration of the House, he/she cannot preside over the House, but can speak and take part in the proceedings of the House. Also, he/she can vote in the first instance, but not in the case of an equality of votes.

How is the Speaker of Lok Sabha elected?

• The date of election of the Speaker is fixed by the President.
• As soon as after the first sitting of the Lok Sabha, the Speaker is elected by the House from amongst its members.
• Whenever the office of the Speaker falls vacant, the lower House elects another member to fill the vacancy.
• Simple majority of members present and voting in the House.
• No specific qualifications required.
• Usually, a member belonging to the ruling party is elected the Speaker.
• There are also instances when members not belonging to the ruling party or coalition were elected to the Office of the Speaker.
• The Prime Minister or the Minister of Parliamentary Affairs proposes the candidate’s name.
• The Speaker pro tem presides over the sitting in which the Speaker is elected, if it is a newly constituted House.
• If the election falls later in the life of a Lok Sabha, the Deputy Speaker presides.
• After the results are announced, the Speaker-elect is conducted to the Chair by the Prime Minister and the Leader of the Opposition.
• While assuming the office of the Speaker, he/she do not make and subscribe any separate oath or affirmation.

Powers and Functions of the Speaker

• The Speaker is the head of the Lok Sabha.
• He/she is the principal spokesperson of the House, and his decision in all Parliamentary matters is final.
• The Constitution of India
• The Rules of Procedure and Conduct of Business of Lok Sabha
• Parliamentary Conventions
• The primary responsibility of the Speaker is to maintain order and decorum in the House for conducting its business and regulating its proceedings. He/she has final power in this matter.
• Parliamentary precedents
• He/she can adjourn the proceedings of the House or suspends the meeting in absence of a quorum.

Voting powers

• He/she doesn’t vote in the first instance.
• But he/she can exercise a casting vote in the case of a tie.
• The Speaker presides over a joint sitting of the two houses of Parliament. The President summons a joint sitting to resolve a deadlock between the Lok Sabha and Rajya Sabha on the matters of a bill.
• He/she can allow for a ‘secret’ sitting of the House at the request of the Leader of the House.
• He/she decides whether the bill is a money bill or not, and his/her decision on this matter is final.
• The Speaker is the ex-officio chairman of the Indian Parliamentary Group (IPG) setup in 1949. To read more about Indian Parliamentary Group, check the linked article.
• The Speaker is also the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.

Independence of the Lok Sabha Speaker

The following provisions illustrate the independence and impartiality of the office of the Lok Sabha Speaker:

• The security of tenure and the tough removal process and criteria.
• The salaries and allowances of the Speaker are fixed by Parliament, and they are charged on the Consolidated Fund of India (not subject to an annual vote of Parliament).
• The work and conduct of the Speaker cannot be discussed or criticised in the Lok Sabha except on a substantive motion.
• The power of exercising casting votes is an instance of impartial behaviour by the Speaker.

Speaker Pro Tem

• The office of Speaker Pro Tem is a temporary office, existing for a few days.
• Usually, the senior most member is selected as the Speaker Pro Tem.
• He/she is appointed by the President.
• He/she has all the powers of the Speaker.
• Main duty – To administer oath to the new members of the House.
• He/she enables the House to elect a new Speaker.
• He/she presides over the first sitting of the newly elected House.

Panel of Chairpersons of Lok Sabha

• Under the Rules of Lok Sabha, the Speaker nominates from amongst the members of the house to constitute a panel of not more than ten chairpersons.
• Role – Any of them can reside over the House in the absence of the Speaker and the Deputy Speaker; but not if these two offices are vacant.
• When the panel of chairpersons is also not present, any other person as determined by the House can act as a Speaker.

Deputy Speaker of Lok Sabha

• The Deputy Speaker is not subordinate to the Speaker.
• He/she is directly responsible to the House.
• When the Speaker is presiding over the House, the Deputy Speaker is like any other ordinary member of the House.
• He/she can speak, take part in the proceedings and vote on any question before the House.
• The salaries and allowances of the Deputy Speaker are fixed by Parliament and are charged on Consolidated Fund of India.

Election of Deputy Speaker

• Similar to the election of Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
• He/she is elected after the election of the Speaker.
• The date of election of the Deputy Speaker is fixed by the Speaker.
• While assuming the office of the Deputy Speaker, he/she do not make and subscribe any separate oath or affirmation.

Duties of the Deputy Speaker

• He/she performs the duties of the Speaker’s office when it is vacant.
• He/she acts as the Speaker when the latter is absent from the sitting of the House.
• In the above two case, the Deputy Speaker assumes all the responsibilities and powers of the Speaker.
• In case the Speaker is absent, the Deputy Speaker can also preside over the joint sitting of the Houses of Parliament.

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Article 93 Of The Indian Constitution

The Speaker and Deputy Speaker are elected in accordance with Article 93 of the Indian Constitution.

It is outlined in Part V of the Indian Constitution. This article is worth reading as it is a part of Indian Polity covered in the UPSC Syllabus.

In What Manner Is The Lok Sabha Speaker Elected?

Election criteria for deputy speaker, is it necessary to have a speaker and deputy speaker.

Article 93 states that the Speaker and Deputy Speaker of the House of the People shall be elected by the House of the People as soon as feasible. When one of those places falls vacant, the House shall choose a new member to fill the position when essential.

• The Government of India Act of 1919 (or Montague – Chelmsford Reforms) gave rise to the Speaker and Deputy Speaker positions in India in 1921.
• Prior to 1947, the Speaker and the Deputy Speaker were acknowledged as the President and the Deputy President, respectively.
• The Central Legislative Assembly’s President and Deputy President were renamed as Speaker and Deputy Speaker, respectively, by the Government of India Act of 1935. However, the 1935 Act’s federal component was not enacted, therefore the old terminology persisted until 1947.
• G. V. Mavalankar was the first speaker of the Lok Sabha.
• Ananthasayanam Ayyangar is the Lok Sabha’s first deputy speaker.
• G V Mavalankar served as Speaker of the provisional Parliament and the Constituent Assembly (Legislative).
• The President sets the date for the Speaker election.
• The Speaker is chosen by the House from among its members immediately following the first Lok Sabha session.
• The lower House chooses a new representative to fill the position of Speaker whenever it becomes vacant.
• A simple majority of House members are present and voting is required.
• No particular qualifications are necessary.
• The Speaker is often chosen from among the members of the ruling party.
• There have also been cases in which candidates for the Speaker’s position did not come from the coalition or the party in power.
• The candidate’s name is suggested by the prime minister or the minister of parliamentary affairs.
• The Speaker does not take and sign any separate oaths or affirmations while serving in that capacity.
• A simple majority of those present and voting in the House is the required threshold for election.
• There are no requirements in particular.
• Similar to how the Speaker is chosen, the Lok Sabha itself chooses the Deputy Speaker from among its members.
• After the Speaker is chosen, this person is chosen.
• The Speaker sets the day for the Deputy Speaker’s election.
• The Deputy Speaker does not take and subscribe to any additional oaths or affirmations while serving in that capacity.

The phrases “must” and “as soon as may be” are used in Articles 93 and 178, respectively, which implies that not only is the election of the Speaker and Deputy Speaker essential, but it must also take place as soon as feasible, according to constitutional experts.

According to Article 93 of the Indian Constitution, the Speaker and Deputy Speaker are chosen. The role of deputy speaker is one of the most important and accountable in Lok Sabha. The Office of the Speaker of Lok Sabha occupies a crucial place in the legislative body of India.

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Constitution of India

Constitution Of India Article 93 - The Speaker and Deputy Speaker of the House of the People

Description.

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.

Click here to read more from the Constitution Of India & Constitution of India in Hindi

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Biden and the first lady will travel to Maine to mourn with the community after the mass shooting

President Joe Biden speaks at Dutch Creek Farms, Wednesday, Nov. 1, 2023, in Northfield, Minn. (AP Photo/Abbie Parr)

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WASHINGTON (AP) — President Joe Biden will travel to Maine later this week to mourn with the community of Lewiston after 18 people were killed in the deadliest mass shooting in state history, the White House said Wednesday.

Thirteen people were injured in the Oct. 25 shootings at a bar and a bowling alley.

Biden and first lady Jill Biden will go Friday to pay their respects to the victims, meet with first responders and others and will “grieve with families and community members,” the White House said in a statement.

The alleged gunman, Robert Card, 40, was found dead of an apparent suicide after a dayslong manhunt that led officials to cancel school and order residents to stay indoors.

Investigators have yet to establish a motive but have increasingly focused on the mental health of Card , who was a firearms instructor.

Authorities said this week that Card’s family had brought their concerns about his deteriorating mental health to the local sheriff five months before the deadly rampage. Card had also undergone a mental health evaluation after he began behaving erratically at a training facility last summer.

Several thousand people attended vigils for the victims over the weekend, and residents started returning to work and school on Monday after stay-at-home orders were lifted.

Biden was alerted about the shooting as he hosted a White House state dinner honoring the bonds between the United States and Australia. He later stepped out of the event to speak by telephone with Maine Gov. Janet Mills and the state’s representatives in Congress.

In a written statement , the president decried the “senseless and tragic” shooting and urged Republicans in Congress to help pass legislation that would outlaw assault-style weapons and high capacity magazines, enact universal background checks, require that guns be stored safely and end immunity from liability for gun manufacturers.

Biden also ordered that U.S. flags on public property be flown at half-staff through Monday out of respect for the victims.

Associated Press Writer Colleen Long contributed to this report.

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1 confirmed dead after crash involving car, tractor-trailer on i-93 in derry.

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One person was killed in a fiery crash on Interstate 93 in Derry on Wednesday night.

State police said a tractor-trailer collided with a car on the southbound side near Exit 4 just after 6 p.m.

Police said the tractor-trailer rear-ended a Lexus sedan, and the driver was killed. The name of the person killed has not yet been released.

"We were just really shocked," witness Amanda Shellman said. "We were worried, shocked, couldn't believe what had happened, and we weren't really sure what transpired with the accident, but we were worried, scared for the people involved and just hoping and praying they were OK.

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A portion of the highway was closed until shortly after 11 p.m., when it was fully reopened. Fire officials said there was no water immediately available, but once tankers were brought in, they were able to put out the fire in about 16 minutes.

"You don't know what's going to happen, so just don't take any day for granted and always live it like your last, because you don't know what's going to happen," witness Alexus Connor said.

Police said the driver of the tractor-trailer was a 26-year-old from North Carolina. There was no word whether he was injured.

There was no word on the cause of the crash or if any charges will be filed.

Anyone with information about the crash is asked to contact Trooper Eric Torrens at [email protected] or 603-545-4396.

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Interest rates on some retail credit cards climb to record 33%. Can they even do that?

Some store credit cards now charge more than 33% interest, after blowing past a symbolic 30% threshold that retailers and banks dared not cross.

Can they even do that?

The short answer: yes.

“Yep. They can charge that much,” said Chi Chi Wu , a senior attorney at the nonprofit National Consumer Law Center. “Credit cards can actually charge whatever they want. It’s a little-known fact.”

Interest rates on credit cards have reached historic highs, largely in response to an aggressive campaign of rate hikes by the Federal Reserve in 2022 and 2023.

Learn more: Best credit cards of 2023

The average retail credit card now charges 28.93% interest , a record high, according to Bankrate, the personal finance site.

In a recent survey of lenders, Bankrate found four retail cards that charge an eye-popping 33.24% annual interest. The retailers: Academy Sports + Outdoors, Burlington, Good Sam and Michaels.

“Rates are the highest we’ve seen now in our database,” said Ted Rossman , a senior industry analyst at Bankrate.  

The survey found 16 other retail cards that charge 32.24% interest, a list that includes the brands Ross, Wayfair and Piercing Pagoda.

Credit cards are charging record interest as the holidays approach

Credit card analysts see those rates as a red flag as the nation heads into the season of giving. Inflation-weary shoppers may be tempted to put big purchases on a new store card, unaware of the interest they will face if they carry the balance into the new year.

“I think it’s a big cautionary tale, headed into the holidays,” Rossman said.

Card rates have risen dramatically in a short span. The average rate across all commercial bank cards surged from 14.56% in February 2022 to 21.19% in August 2023 , according to federal data.

Credit cards tend to carry higher interest rates than car loans or home loans. A credit card is not generally “secured” by a piece of property that the lender can claim if the borrower stops repaying the debt. Card companies take a risk by extending credit to millions of Americans with a wide range of credit scores, some of whom will default on the debt.

Store cards tend to charge more interest than other cards, partly because retail cardholders tend to earn lower income and have weaker credit.

Retailers often pitch cards to customers at the checkout counter, as other customers line up behind them, not an optimal moment for the potential cardholder to review the fine print on annual percentage rates and foreign transaction fees.

“Credit card contracts are extremely complicated,” said Christopher Peterson , a law professor at the University of Utah. “Even talented lawyers would struggle to understand them when they’re at the end of the line at the mall.”

Is it a credit card or a rewards program? Read the fine print

A credit card pitch might focus on attractive lures, like a 15% discount on that day’s purchases, making the card sound like a rewards program.

“Sometimes, people don’t even realize they’re signing up for a credit card,” Rossman said. “They think they’re signing up for some kind of promotion.”

Many retail cards offer real perks, and even a 30% interest rate carries little risk for a customer who pays off the full balance at month’s end.

“That, from the consumer standpoint, is the advice,” Rossman said. “If you’re loyal to a store and you save 5% every time you use their card in their store, it could be a win.”

Carry a balance from month to month, however, and that high interest rate kicks in.

Until recently, card issuers resisted pushing past the 30% interest-rate barrier, mostly as a matter of optics.

“Generally speaking, 30% had been this sort of threshold,” said Matt Schulz , chief credit analyst at LendingTree.

“But now we’re seeing more and more cards out there that are 30% or higher. And if they’re not 30% or higher, there’s a whole other layer of them that are sitting at 29.99%, because the lenders don’t want to get up to 30.”

A credit card customer who eyes a 30% interest rate for the first time might be surprised that a lender is allowed to charge that much.

How much interest can credit card issuers charge?

Many states have usury laws that limit interest rates on various types of loans . But banks are generally allowed to charge the highest rate permitted in their home state, even to a customer who lives somewhere else.

“It matters where the bank is based, not the customer,” Rossman said.

Thus, many card issuers do business in states with relatively permissive rules on credit card rates. They include South Dakota, Utah and Delaware.

There’s no national limit on credit card interest rates, with some exceptions. Federal credit unions may not charge more than 18% interest on a card. Federal law caps rates at 36% for active service members and their families.

Some in Congress have proposed extending that 36% cap to the rest of the nation . Others have mulled even stricter limits.

Sen. Josh Hawley, the Missouri Republican, introduced legislation in September to cap credit card interest at 18% . Four years ago, Sen. Bernie Sanders of Vermont and Rep. Alexandria Ocasio-Cortez of New York, proposed to cap card rates at 15% .

Lenders and their advocates have opposed the caps, saying they might limit the ability of Americans with weaker credit to borrow.

“It would surprise me if we ever got a credit-card rate cap in this country of any significance,” said Schulz of LendingTree.

And why not?

“I think it’s the power of the banking industry lobby,” said Peterson, the Utah law professor.

More on interest rates: What are payday loans and other types of predatory lending?

Federal regulators have focused instead on restricting lenders from charging excessive fees and abruptly raising rates. In 2009, Congress passed legislation that required card companies to alert customers to interest rate hikes , while also limiting fees to customers who paid late or charged past their credit limit, among other reforms.  

Congress limited card fees but did not eliminate them. Lenders still charge a wide range of fees: Annual fees, late fees, cash advance fees, over-limit fees and card-replacement fees, among others. They can sneak up on you.

“When issuers raise the interest rate, at least you can see it’s an expensive credit card,” said Wu of the National Consumer Law Center. “When they put it in the fees, you can’t see it.”

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Man who entered amusement park with guns, explosives found dead near words on a wall: 'I am not a killer'

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GLENWOOD SPRINGS, Colo. — A 20-year-old man found dead in a bathroom at an amusement park in Glenwood Springs on Saturday was armed with multiple guns, loaded magazines and explosive devices. Words on written on a bathroom stall where he was found said, "I am not a killer," according to authorities.

The Garfield County Sheriff’s Office responded Saturday morning to a report of a deceased man at the Glenwood Caverns Adventure Park. Based upon a preliminary investigation, it appeared he illegally entered the park after hours.

At a news conference Monday, Garfield County Sheriff Lou Vallario said the man was found in a women's bathroom, near a stall.  The man's motive was unclear, but Vallario said there was writing in a bathroom stall that said,  "I'm not a killer. I just wanted to get into the caves." The sheriff could not confirm whether the man wrote that.

The Garfield County Coroner's Office identified the man as Diego Barajas Medina and said he died of a gunshot wound. The coroner's office said it was  investigating his death as a suicide.

Earlier Monday, the sheriff’s office said that the man, from the Carbondale area, was dressed in black-colored tactical clothing, bearing patches and emblems that gave the appearance of being associated with law enforcement. He was heavily armed with a semi-automatic rifle, a semi-automatic handgun, multiple loaded magazines for both weapons and improvised explosive devices (IEDs). He was wearing body armor and what appeared to be a ballistic helmet.

Vallario said the man had pipe bombs and that his firearms were ghost guns. He said the man had a combination of real and fake weapons.

"While this investigation is still ongoing and very active it is important to realize that given the amount of weapons, ammunition and explosive devices found, the suspect could have implemented an attack of devastating proportions upon the community and first responders," the Garfield County Sheriff's Office said in a news release.

It wasn't clear how he entered the park. Typically, a gondola is used to get to the park, but the sheriff said the man drove up the service road.

The man lived with his mom and brother. Vallario said authorities made contact with the family to be able to search his room. He said they couldn't find any history of a criminal record and that the man was "completely under the radar." 

The park was given an all clear by authorities and it appears that the park is now open to the public, Vallario said.

The Grand Junction Bomb Squad and Garfield County All Hazard Response Team (AHRT) swept the Glenwood Adventure Caverns property Saturday and Sunday to ensure no IED’s had been planted around the park or rides.

The sheriff's office said the investigation so far indicates that nobody in the public was at risk, and it would appear that the man's actions were limited to the property of the Glenwood Caverns. 

"The initial two days of the investigation have been carried out in a slow, methodical manner in order to search the property, as well as the suspect’s residence to ensure the safety of the public and to begin to determine the extent of his criminal activity," according to a sheriff's office news release. "The safety of the public, bomb disposal personnel, law enforcement and other first responders was the priority as well as making sure the Caverns were safe to reopen."

Glenwood Caverns Adventure Park released a statement saying the man was found dead during the park’s pre-opening maintenance and security inspections. Emergency Medical Services was contacted, and local authorities responded.

Glenwood Caverns said multiple security programs are in place to keep guests safe, including an extensive network of security cameras, alarms, fencing, gates and posted signage. Lockout protocols provide protection for engineering, ride operation and ride restricted areas, as well as sensitive buildings.

“This very sad and tragic incident reminds us how much our Glenwood Springs community means to us,” said general manager Nancy Heard. “We appreciate the swift action and thorough work of the Garfield County Sheriff’s Department and Coroner’s Office, as well as the Garfield County All Hazard Response Team and other authorities assisting in the investigation, working together to ensure the park is safe to reopen. Thank you for all you do.”

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