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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
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