Consider the following statements:

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

Explanation

Statement 1 is correct

• Article 179, Constitution of India: A member holding office as Speaker or Deputy Speaker of an Assembly—
  • Shall vacate office if he ceases to be a member of the Legislative Assembly.
  • (b) May resign at any time by submitting a written resignation — if the Speaker, to the Deputy Speaker; and if the Deputy Speaker, to the Speaker.
  • (c) May be removed from office by a resolution passed by a majority of all the then members of the Assembly.
• 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.

Statement 2 is incorrect

• ⁠⁠Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Answer: (a) 1 only; Difficulty Level: Easy