Previous Year Question
Consider the following statements:
The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.
Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately.
Which of the statements given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: A
Detailed Solution
Statement 1 is correct.
Article 179 of the Constitution contains provisions regarding vacation, resignation and removal from the offices of the Speaker and Deputy Speaker of a State Legislative Assembly.
Accordingly, the Speaker or Deputy Speaker:
Vacates the office if he or she ceases to be a member of the Legislative Assembly.
May resign by writing addressed to the Deputy Speaker in the case of the Speaker and to the Speaker in the case of the Deputy Speaker.
May be removed by a resolution passed by a majority of all the then members of the Legislative Assembly.
Can be removed only after giving at least 14 days’ notice of the intention to move such a resolution.
Statement 2 is incorrect.
Under the proviso to Article 179, when the Legislative Assembly is dissolved, the Speaker does not vacate the office immediately. The Speaker continues in office until immediately before the first meeting of the newly constituted Legislative Assembly.
The purpose of this provision is to maintain constitutional continuity in the office of the Speaker and prevent the office from remaining vacant between the dissolution of the old Assembly and the first meeting of the new Assembly.
Related constitutional provisions:
Article 180: When the office of the Speaker is vacant, the Deputy Speaker performs the duties of the office. If both offices are vacant, the Governor may appoint a member of the Assembly to perform the duties of the Speaker.
Article 181: While a resolution for the removal of the Speaker is under consideration, the Speaker cannot preside over the House. The Speaker may speak and participate in the proceedings and may vote in the first instance, but cannot exercise a casting vote in the event of an equality of votes.