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Q118 (CDS-I/2006) Polity & Governance › State Executive & Legislature › State assembly Speaker Answer Verified

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?

Result
Your answer: —  Â·  Correct: D
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. [1] https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_5_00002_196320_1517807317637&orderno=7
  2. [2] https://delhiassembly.delhi.gov.in/sites/default/files/2023-09/gnctd1991acteng.pdf
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  5. [5] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
  6. [6] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
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SIMILAR QUESTIONS

IAS · 2018 · Q39 Relevance score: 5.40

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 ?

IAS · 2025 · Q87 Relevance score: 4.55

Consider the following statements : I. 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. II. 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. III. 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?

NDA-I · 2012 · Q46 Relevance score: 3.41

Which of the statements given below is/are correct? 1. The Speaker immediately vacates his/her office whenever the State Legislative Assembly is dissolved. 2. No Member of a State Legislative Assembly shall be liable to any proceeding in any court in respect of anything said or any vote given by him/her in the legislature. Select the correct answer using the code given below : Code:

IAS · 2004 · Q8 Relevance score: 3.27

Consider the following statements: 1. The Speaker of Lok Sabha has the power to adjourn the House sine die but, on prorogation, it is only the President who can summon the House. 2. Unless sooner dissolved or there is an extension of the term, there is an automatic dissolution of the Lok Sabha by efflux of time, at the end of the period of five years, even if no formal order of dissolution is issued by the President. 3. The Speaker of Lok Sabha continues in office even after the dissolution of the House and until ‘immediately before the first meeting of the House’. Which of the statements given above are correct?