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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?

The correct answer is

I and III only

Analyzing Statements about the Speaker of the House of the People

The question asks us to evaluate three statements regarding the Speaker of the House of the People (Lok Sabha) in India and determine which ones are correct based on the provisions of the Constitution of India.

Detailed Analysis of Each Statement

Statement I: Speaker's Office after Dissolution

Statement I says: 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.

Let's examine this statement in the context of the Constitution of India. Article 94 of the Constitution deals with the vacating, resignation, and removal of the Speaker and Deputy Speaker. The proviso to Article 94 states:

"Provided that the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution."

This constitutional provision ensures continuity in the office of the Speaker even after the dissolution of the Lok Sabha, up until the newly constituted House meets for the first time. Therefore, Statement I is accurate according to the Constitution.

Statement II: Resignation from Political Party

Statement II says: 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.

We need to check if the Constitution of India mandates the Speaker to resign from their political party. While there is a strong convention in some parliamentary democracies (like the United Kingdom) for the Speaker to become politically neutral and even resign from their party, this is not a requirement explicitly written in the Constitution of India. The Constitution does not contain any provision that compels a person elected as Speaker to resign from their political party immediately.

Therefore, Statement II, claiming this is required by the provisions of the Constitution of India, is incorrect.

Statement III: Removal of the Speaker

Statement III says: 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.

Article 94(c) of the Constitution specifies the procedure for the removal of the Speaker and Deputy Speaker. It states that a member holding office as Speaker or Deputy Speaker may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House. Furthermore, the proviso to Article 94(c) states:

"Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:"

This means the resolution for removal requires the support of more than half of the effective strength of the House at that time, and a 14-day advance notice is mandatory before the resolution can be introduced.

Statement III accurately describes the constitutional process for the removal of the Speaker. Therefore, Statement III is correct.

Summary of Analysis

Based on the analysis:

  • Statement I is correct, as per the proviso to Article 94.
  • Statement II is incorrect, as the Constitution does not mandate the Speaker's resignation from their political party.
  • Statement III is correct, as per Article 94(c) and its proviso, regarding removal procedure and notice period.

Thus, the correct statements are I and III.

Revision Table: Speaker of Lok Sabha

Aspect Constitutional Provision/Practice Relevance to Statements
Office during Dissolution Continues until immediately before the first sitting of the new House (Article 94 Proviso). Supports Statement I (Correct).
Political Party Membership Constitution does not mandate resignation; convention varies. Contradicts Statement II (Incorrect).
Removal Procedure Resolution passed by majority of all the then members, with 14 days' notice (Article 94(c)). Supports Statement III (Correct).

Additional Information on the Speaker of Lok Sabha

The Speaker of the House of the People is the principal presiding officer of the Lok Sabha. Key functions and facts include:

  • Presides over the meetings of the Lok Sabha.
  • Maintains order and decorum in the House.
  • Interprets the rules of procedure of the House.
  • Decides whether a bill is a Money Bill.
  • Decides on the disqualification of a member of the Lok Sabha on grounds of defection (under the Tenth Schedule).
  • Adjourns the House or suspends the meeting in the absence of a quorum.
  • The Speaker's position is one of great authority and responsibility, requiring impartiality in the conduct of the House's business.
  • The Speaker is usually elected by the Lok Sabha from amongst its members.

While the Constitution ensures the continuity of the Speaker's office during dissolution and outlines the removal process, the practice of the Speaker's relationship with their political party has evolved based on conventions rather than strict constitutional mandates.

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