Question

UPSC Prelims 2018 Question:

Consider the following statements:

  1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the assembly.
  2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately.

Which of the statements given above is/are correct?

  1. 1. 1 only
  2. 2. 2 only
  3. 3. Both 1 and 2
  4. 4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 1: 1 only

Detailed Solution

Explanation:

  • Usually, the Speaker remains in office during the life of the assembly. However, he vacates his office earlier in any of the following three cases:
    • if he ceases to be a member of the assembly; So, statement 1 is correct.
    • if he resigns by writing to the deputy speaker; and
    • if he is removed by a resolution passed by a majority of all the then members of the assembly. Such a resolution can be moved only after giving 14 days advance notice.

  • Article 179 of the Constitution of India deals with the vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. It says, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. So, statement 2 is not correct.

Therefore, option (1) is the correct answer.

Subject: Polity | Parliament

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