Previous Year Question
With reference to the Speaker of the Lok Sabha, consider the following statements:
While any resolution for the removal of the Speaker of the Lok Sabha is under consideration:
He/She shall not preside.
He/She shall not have the right to speak.
He/She shall not be entitled to vote on the resolution in the first instance.
Which of the statements given above is/are correct?
1 only
1 and 2
2 and 3
1, 2 and 3
Correct Answer: A
Detailed Solution
Statement 1 is correct. Article 96(1) provides that the Speaker cannot preside over a sitting of the Lok Sabha while a resolution for his or her removal is under consideration.
In such a situation, the Deputy Speaker or another person determined in accordance with Article 95 presides over the sitting.
Statement 2 is incorrect. Article 96(2) expressly gives the Speaker the right to speak and otherwise participate in the proceedings relating to the removal resolution. The Speaker may, therefore, respond to the allegations made against him or her.
Statement 3 is incorrect. During these proceedings, the Speaker is entitled to vote in the first instance. However, the Speaker cannot exercise a casting vote in the event of an equality of votes.
This is different from the Speaker’s ordinary voting position:
In ordinary proceedings, the Speaker does not vote in the first instance.
The Speaker ordinarily exercises a casting vote when votes are equally divided.
During consideration of the removal resolution, the Speaker may vote in the first instance.
In such proceedings, the Speaker has no casting vote in the case of equality.
Other important facts concerning removal are:
Under Article 94(c), the Speaker may be removed by a resolution passed by a majority of all the then members of the Lok Sabha.
At least 14 days’ notice of the intention to move the resolution is required.
Even after the dissolution of the Lok Sabha, the Speaker continues in office until immediately before the first meeting of the newly constituted Lok Sabha.