Previous Year Question
Consider the following statements:
I. On the dissolution of the House of the People, the Speaker shall not vacate his/her office until immediately before the first meeting of the House of the People after the dissolution.
II. According to the provisions of the Constitution of India, a Member of the House of the People on being elected as Speaker shall resign from his/her political party immediately.
III. The Speaker of the House of the People may be removed from his/her office by a resolution of the House of the People passed by a majority of all the then Members of the House, provided that no resolution shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Which of the statements given above are correct?
I and II only
II and III only
I and III only
I, II and III
Correct Answer: C
Detailed Solution
Statement I is correct
Under the proviso to Article 94, the Speaker does not immediately vacate office after the dissolution of the Lok Sabha. The Speaker continues in office until immediately before the first meeting of the newly constituted Lok Sabha following the dissolution.
This provision ensures continuity in the constitutional office of the Speaker. The Speaker continues in office for this limited period despite no longer being a member of the dissolved House.
Statement II is incorrect
The Constitution contains no provision requiring a member elected as Speaker of the Lok Sabha to resign immediately from the political party to which the member belongs.
In the United Kingdom, the Speaker of the House of Commons conventionally withdraws from party politics after election. In India, however, this is not a constitutional requirement.
Paragraph 5 of the Tenth Schedule provides an optional protection. If a member voluntarily gives up party membership because of being elected Speaker and does not join another party while holding that office, the member is not disqualified on that ground under the anti-defection law. This does not make resignation from the party mandatory.
Statement III is correct
Under Article 94(c), the Speaker may be removed through a resolution passed by a majority of all the then members of the Lok Sabha.
This is known as an effective majority—the majority of the total sanctioned strength of the House after excluding existing vacancies.
At least 14 days’ notice of the intention to move the resolution is mandatory.
Other constitutional facts concerning the Speaker
Under Article 93, the Lok Sabha chooses two of its members as the Speaker and Deputy Speaker.
The Speaker ordinarily vacates office upon ceasing to be a member, but dissolution of the Lok Sabha is a special exception.
The Speaker may resign through a written communication addressed to the Deputy Speaker.
Under Article 96, the Speaker cannot preside while a resolution for removal is under consideration.
During such proceedings, the Speaker may speak and participate in the House.
The Speaker may vote in the first instance but does not have a casting vote in case of equality of votes.