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
1. He/She shall not preside.
2. He/She shall not have the right to speak.
3. He/She shall not be entitled to vote on the resolution in the first instance.
Which of the statements given above is/are correct?
Correct Answer :
1 only
Solution :
The correct option is 1 only.
To understand why this is the correct choice, let us examine the constitutional provisions regarding the Speaker of the Lok Sabha (House of the People) during a resolution for their removal, as laid down in Article 96 of the Constitution of India:
Analysis of Statement 1: He/She shall not preside.
According to Article 96(1) of the Constitution, when a resolution for the removal of the Speaker from office is under consideration, the Speaker cannot preside over the sitting of the House, even if he or she is present. Therefore, Statement 1 is correct.
Analysis of Statement 2: He/She shall not have the right to speak.
Article 96(2) explicitly states that the Speaker has the right to speak in, and otherwise take part in the proceedings of, the Lok Sabha while any resolution for their removal from office is under consideration in the House. Thus, the Speaker retains the right to speak. Therefore, Statement 2 is incorrect.
Analysis of Statement 3: He/She shall not be entitled to vote on the resolution in the first instance.
Under Article 96(2), the Speaker is entitled to vote only in the first instance on the resolution for removal (or on any other matter during such proceedings). However, unlike when they are presiding (where they exercise a casting vote in case of a tie), they do not have a casting vote in the event of an equality of votes. Since the statement claims the Speaker is not entitled to vote in the first instance, Statement 3 is incorrect.
Conclusion:
Since only the first statement is constitutionally correct, the correct option is 1 only.
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