Q. 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?
Exp) Option c is the correct answer.
The Speaker of the Lok Sabha plays a crucial role in maintaining the decorum of the House and in presiding over the proceedings. His/her powers and conditions of office are derived from Article 93 and related provisions of the Constitution.
Statement I is correct. As per Article 94 of the Constitution, the Speaker does not vacate office on the dissolution of the Lok Sabha. He/she continues until just before the first meeting of the newly constituted Lok Sabha. This is to ensure continuity and proper transition
Statement II is incorrect. The Constitution does not require the Speaker to resign from his/her political party after being elected. However, the Speaker is expected to act in a non-partisan manner. Disqualification under the Tenth Schedule (anti-defection) does not apply merely because the Speaker remains a party member. However, in Britain, the Speaker is strictly a non-party man. There is a convention that the Speaker has to resign from his party and remain politically neutral
Statement III is correct. As per Article 94, the Speaker can be removed by a resolution passed by a majority of all the then members of the House. Fourteen days’ notice is mandatory before such a resolution is moved. This ensures a fair opportunity for the Speaker to defend himself/herself.
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