Consider the following statements:

1. 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.
2. 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.
3. 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?

1. I and II only
2. II and III only
3. I and III only
4. I, II and III

Explanation

Statement I is correct

• After the dissolution of the Lok Sabha, the Speaker continues in office until just before the first meeting of the newly constituted House. When the Lok Sabha meets after the elections, the President appoints a member as the pro-tem Speaker to conduct the proceedings of the House. The President administers the oath to the pro-tem Speaker, who then administers the oath to the Members of Parliament and facilitates the election of the new Speaker.

Statement II is incorrect

• The Constitution does not mandate that the Speaker must relinquish membership in their political party upon election. The Tenth Schedule of the Indian Constitution allows a Speaker (or Deputy Speaker) to resign from their political party upon being elected to office; no Speaker has done so to date.

Statement III is correct

• The Speaker usually remains in office for the full term of the Lok Sabha.
• However, the office can be vacated earlier in the following cases:
  • If the Speaker ceases to be a Lok Sabha member.
  • If the Speaker resigns by submitting a letter to the Deputy Speaker.
  • If removed by a resolution passed by a majority of all the then members of the Lok Sabha, provided that a 14-day notice has been given before moving the resolution.
  • While the resolution for removal is being considered, the Speaker cannot preside over the House, though they are permitted to attend the session. During this time, the Speaker may speak and participate in the proceedings, and can vote in the first instance, but not in the event of a tie.

Answer: (c) I and III only; Difficulty Level: Easy