Consider the following statements: [Union Legislature]
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?
Correct Answer :
I and III only
Solution :
The correct option is I and III only.
Let us analyze each statement step-by-step to understand why this is the correct choice:
Analysis of Statement I:
According to the second proviso to Article 94 of the Constitution of India, whenever the House of the People (Lok Sabha) is dissolved, the Speaker does not vacate his/her office immediately upon the dissolution. Instead, the Speaker continues to hold office until immediately before the first meeting of the House of the People after the dissolution. This ensures that the office of the Speaker is never vacant during the transition between one Lok Sabha and the next. Therefore, Statement I is correct.
Analysis of Statement II:
Under the Constitution of India, there is no provision or legal obligation that requires a Member of the House of the People, upon being elected as the Speaker, to resign from his/her political party. While the Speaker is expected to function in an impartial and non-partisan manner, resigning from the party is not constitutionally mandated. The Tenth Schedule (Anti-Defection Law) does provide an exemption under Paragraph 5, stating that if a member elected as the Speaker voluntarily gives up the membership of their political party, they will not be disqualified, but it does not make resigning mandatory. Therefore, Statement II is incorrect.
Analysis of Statement III:
Article 94(c) of the Constitution of India states that the Speaker of the Lok Sabha can be removed from office by a resolution passed by a majority of all the then members of the House (effective majority). Furthermore, the proviso to Article 94 states that no such resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution. Therefore, Statement III is correct.
Since Statements I and III are correct and Statement II is incorrect, the correct option is "I and III only".
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