Question map
Consider the following statements 1. If the Legislative Assembly of a State in India is dissolved in mid-term, the Speaker vacantes his office. 2. When the Speaker of a Legi slat ive Assembly resigns, he addresses his letter to the Governor of the State. Which of the statements given above is/ are correct?
Explanation
Statement 1 is incorrect because, according to Article 179 of the Constitution of India, whenever the Legislative Assembly is dissolved, the Speaker does not vacate his office until immediately before the first meeting of the Assembly after the dissolution [t1][t4]. This ensures continuity in the office of the Speaker during the transition between assemblies. Statement 2 is also incorrect because Article 179(b) specifically mandates that a member holding office as Speaker may resign by writing under his hand addressed to the Deputy Speaker, not the Governor [c2][c3][t1]. Conversely, the Deputy Speaker addresses their resignation to the Speaker [c1][c4]. Since both statements are factually incorrect based on constitutional provisions regarding the vacation and resignation of the Speaker's office, the correct option is 4 (Neither 1 nor 2).
Sources
- [1] https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00002_196320_1517807317637&orderno=7
- [2] https://delhiassembly.delhi.gov.in/sites/default/files/2023-09/gnctd1991acteng.pdf
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Speaker of Assembly > p. 339
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
- [5] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
- [6] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340