With reference to the Speaker of the Lok Sabha, consider the following statements: 1. He/She shall not preside while any resolution for the removal of the Speaker is under consideration. 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?
1 only
Understanding the Speaker of Lok Sabha's Role During Removal Proceedings
The question asks about the powers and limitations of the Speaker of the Lok Sabha when a resolution for his or her removal from office is under consideration. Specific rules govern the Speaker's conduct and rights during this particular situation, which differ from their normal duties while presiding over the House.
Analyzing the Statements on Speaker Removal Resolution
Let's examine each statement provided:
- Statement 1: He/She shall not preside while any resolution for the removal of the Speaker is under consideration.
This statement is correct. According to Article 96(1) of the Constitution of India, the Speaker, or the Deputy Speaker, shall not preside while a resolution for his or her removal from office is being considered by the House. The Deputy Speaker or, in their absence, a person selected by the House, would preside over the sitting.
- Statement 2: He/She shall not have the right to speak.
This statement is incorrect. Article 96(2) states that the Speaker shall have the right to speak in, and otherwise to take part in, the proceedings of the House while any resolution for his or her removal from office is under consideration. They can participate in the debate.
- Statement 3: He/She shall not be entitled to vote on the resolution in the first instance.
This statement is incorrect. When a resolution for the removal of the Speaker is under consideration, the Speaker is not presiding. In this situation, Article 96(2) specifies that the Speaker shall be entitled to vote only in the first instance on such resolution or any other matter during such proceedings. They do not have a casting vote (which they usually have when presiding in case of a tie) but a regular vote like any other member.
Summary of Statement Analysis
| Statement No. | Statement Text | Correctness | Reasoning |
|---|---|---|---|
| 1 | He/She shall not preside while any resolution for the removal of the Speaker is under consideration. | Correct | As per Article 96(1) of the Constitution. |
| 2 | He/She shall not have the right to speak. | Incorrect | As per Article 96(2), the Speaker has the right to speak and participate. |
| 3 | He/She shall not be entitled to vote on the resolution in the first instance. | Incorrect | As per Article 96(2), the Speaker is entitled to vote in the first instance. |
Based on the analysis, only Statement 1 is correct.
Conclusion on Speaker's Rights During Removal
When a resolution for the removal of the Speaker of the Lok Sabha is being discussed, the Speaker steps down from the chair and does not preside over the session. However, they regain their rights as a regular Member of Parliament, including the right to speak in the debate and vote on the resolution in the first instance. The limitations on presiding and the casting vote are lifted during this specific process.
Therefore, only the statement that the Speaker shall not preside is correct.
Revision Table: Speaker of Lok Sabha Rules
| Situation | Presiding? | Right to Speak? | Voting Right |
|---|---|---|---|
| Normally (when presiding) | Yes | No (generally refrains from speaking on matters debated) | Casting vote only (in case of a tie) |
| When removal resolution is under consideration | No | Yes | Vote in the first instance (like any other member) |
Additional Information: Speaker of the House
The Speaker is the principal presiding officer of the Lok Sabha, the House of the People. The office of the Speaker is established under Article 93 of the Constitution of India. The Speaker is elected by the members of the Lok Sabha from amongst themselves. The Speaker maintains order and decorum in the House, interprets the rules of procedure, and has significant administrative powers within the Parliament complex.
A resolution for the removal of the Speaker can only be moved after giving at least 14 days' notice. Such a resolution must be passed by a majority of all the then members of the House.
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