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Q39 (IAS/2018) Polity & Governance › State Executive & Legislature › State assembly Speaker Official Key

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 ?

Result
Your answer: —  ·  Correct: A
Explanation

The correct answer is option A (Statement 1 only).

Statement 1 is correct because the Speaker vacates office if he/she ceases to be a member of the assembly[1], which is one of the three conditions for premature vacation of the office.

Statement 2 is incorrect. When the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution[3]. This means the Speaker continues in office even after dissolution and only vacates immediately before the newly constituted Assembly meets for the first time. This constitutional provision ensures continuity and allows the Speaker to perform necessary functions during the transition period between the dissolved Assembly and the new one.

Therefore, only Statement 1 is correct, making option A the right answer.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  2. [2] https://www.indiacode.nic.in/bitstream/123456789/19150/1/constitution_of_india.pdf
  3. [3] https://upload.indiacode.nic.in/showfile?actid=AC_CEN_5_24_00014_199201_1517807323250&type=actfile&filename=199201.pdf
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
63%
got it right
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a memb…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10

This is a classic 'Rule vs. Exception' question. Statement 1 tests the basic rule (Membership is mandatory), while Statement 2 tests the specific constitutional exception (Continuity of Office). If you missed this, you are skimming the 'Provisos' in Laxmikanth rather than studying them.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Under the Constitution of India, does the Speaker of a State Legislative Assembly vacate his or her office if he or she ceases to be a member of the Assembly?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
Presence: 5/5
“The Speaker is elected by the assembly itself from amongst its members. Usually, the Speaker remains in office during the life of the assembly. However, he/she vacates his/her office earlier in any of the following three cases: • 1. if he/ she ceases to be a member of the assembly; • 2. if he/ she resigns by writing to the deputy speaker; and • 3. if he/ she is removed by a resolution passed by a majority of all the then members of the assembly (i.e., an effective majority). Such a resolution can be moved only after giving 14 days advance notice.”
Why this source?
  • Directly lists the Speaker’s earlier vacation cases and includes: 'if he/she ceases to be a member of the assembly.'
  • Specifically addresses the Speaker of a State Legislative Assembly (Chapter: State Legislature → Speaker of Assembly).
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
Presence: 4/5
“Like the Speaker, the Deputy Speaker is also elected by the assembly itself from amongst its members. He/she is elected after the election of the Speaker has taken place. Like the Speaker, the Deputy Speaker remains in office usually during the life of the assembly. However, she also vacates her office earlier in any of the following three cases: • If she ceases to be a member of the assembly; • 2. If she resigns by writing to the speaker; and • 3. If he/she is removed by: a resolution passed by a majority of all the then members of the assembly (i.e., an effective majority).”
Why this source?
  • States the Deputy Speaker 'vacates her office' if she 'ceases to be a member of the assembly', showing the same rule applied to presiding officers of state assemblies.
  • Supports the general principle that membership is a precondition for holding presiding-office in a State Assembly.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
Presence: 4/5
“Election and Tenure The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting). Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. The date of election of the Speaker is fixed by the President. Usually, the Speaker remains in office during the life of the Lok Sabha. However, he /she has to vacate his/ her office earlier in any of the following three cases: • 1. if he/ she ceases to be a member of the Lok Sabha;• 2. if he/she resigns by writing to the Deputy Speaker; and• 3. if he/she is removed by a resolution passed by a majority of all the then members of the Lok Sabha (i.e., an effective majority).”
Why this source?
  • Shows the parallel rule at the Centre: Speaker of Lok Sabha vacates if he/she 'ceases to be a member of the Lok Sabha', indicating consistent constitutional practice for Speakers.
  • Reinforces the interpretation of presiding-officer tenure being contingent on assembly membership.
Statement 2
Under the Constitution of India, does the Speaker of a State Legislative Assembly vacate his or her office immediately upon the dissolution of the Assembly?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution."
Why this source?
  • This passage is from the Constitution text and directly addresses vacation of the Speaker's office on dissolution.
  • It explicitly states the Speaker does not vacate immediately on dissolution but remains until just before the Assembly's first meeting thereafter.
Web source
Presence: 5/5
"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."
Why this source?
  • This official source repeats the constitutional proviso about the Speaker's tenure on dissolution.
  • It confirms the same rule: the Speaker does not vacate office upon dissolution but only immediately before the first meeting after dissolution.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
Strength: 5/5
“The Speaker is elected by the assembly itself from amongst its members. Usually, the Speaker remains in office during the life of the assembly. However, he/she vacates his/her office earlier in any of the following three cases: • 1. if he/ she ceases to be a member of the assembly; • 2. if he/ she resigns by writing to the deputy speaker; and • 3. if he/ she is removed by a resolution passed by a majority of all the then members of the assembly (i.e., an effective majority). Such a resolution can be moved only after giving 14 days advance notice.”
Why relevant

States that the Speaker 'usually remains in office during the life of the assembly' and lists only three specific earlier vacancies (ceasing to be member, resignation, removal) — dissolution is not listed as an automatic cause here.

How to extend

A student could contrast this enumerated list with the dissolution event to infer whether dissolution is treated as an automatic vacancy or not under state practice.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker of Lok Sabha > p. 230
Strength: 5/5
“When a resolution for the removal of the Speaker is under consideration of the House, he/she cannot preside at the sitting of the House, though he/she may be present. However, he/she can speak and take part in the proceedings of the House at such a time and vote in the first instance, though not in the case of an equality of votes. It should be noted here that, whenever the Lok Sabha is dissolved, the Speaker does not vacate his/her office and continues till the newly-elected Lok Sabha meets. The tenure of the Speakers of the Lok Sabha (from first to present) is mentioned in Table 23.7.”
Why relevant

Explicitly notes that when the Lok Sabha is dissolved, the Speaker does not vacate office and continues until the newly-elected Lok Sabha meets — gives a clear precedent at Union level where dissolution does not cause vacancy.

How to extend

Use the Lok Sabha precedent as a comparative rule: if Parliament's Speaker remains despite dissolution, a student might test whether state practice follows the same constitutional logic.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2018 TEST PAPER > p. 754
Strength: 4/5
“Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/ ber office immediately. Which of the statements given above is/ are correct? (a) 1 only (b) 2 only (e) Both 1 and 2 (d) Neither 1 nor 2 • 8. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then • (a) the Assembly of the State is automatically dissolved. • (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. • (c) Article 19 is suspended in that State. • (d) the President can make laws relating to that State.”
Why relevant

Contains a test-question asserting the proposition that 'Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately' — indicates this is a debatable/asked point and not an established uncontested fact.

How to extend

Treat this as evidence that the point is contested; a student might look up constitutional provisions or authoritative commentary to resolve the test-question.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
Strength: 4/5
“Like the Speaker, the Deputy Speaker is also elected by the assembly itself from amongst its members. He is elected after the election of the Speaker has taken place. Like the Speaker, the Deputy Speaker remains in office usually during the life of the assembly. However, she also vacates her office earlier in any of the following three cases: • If she ceases to be a member of the assembly; • 2. If she resigns by writing to the speaker; and • 3. If she is removed by a resolution passed by a majority of all the then members of the assembly (i.e., an effective majority).”
Why relevant

Describes Deputy Speaker of Assembly 'remains in office usually during the life of the assembly' and gives the same three conditions for earlier vacancy, similarly omitting dissolution as a listed cause.

How to extend

A student can infer that if both Speaker and Deputy Speaker's enumerated vacancy grounds omit dissolution, dissolution may not automatically vacate these offices at state level.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > REFERENCES > p. 279
Strength: 3/5
“350000/- per mensem by the Finance Act, 2018 and made effective from 1 January 2016. In those States where the State Legislature consists of one House only [Article 168(1 )(b)], a dissolution of the Legislative Assembly results in the dissolution of the State Legislature (because there is no Legislative Council to survive). • 7. Only .the Govemor of erstwhile State of Jammu & Kashmir was vested with the power to impose Govemor's Rule under section 92 of the Constitution of J&K. • 8. The Governor may appoint a person as Chief Minister on his own judgment that such person is likely to command a majority in the State Assembly and he can exercise this power even before the Assembly is fully constituted.”
Why relevant

Notes that in States with a single house, dissolution of the Legislative Assembly results in dissolution of the State Legislature — clarifies the institutional context when an assembly is dissolved (unicameral states).

How to extend

Combine this institutional fact with the Speaker-tenure rules to examine whether 'dissolution of legislature' as an institutional event necessarily implies vacancy of Speaker's office.

Pattern takeaway: UPSC loves testing the 'Sole Survivor' clause. Whenever a body dissolves (Lok Sabha/Assembly), check which specific officer stays back to maintain institutional continuity. The 'Immediate' vacation in Statement 2 is a trap designed to catch those who apply general logic (House gone = Speaker gone) without knowing the specific proviso.
How you should have studied
  1. [THE VERDICT]: Sitter. Direct hit from Laxmikanth Chapter 33 (State Legislature) and Chapter 23 (Parliament).
  2. [THE CONCEPTUAL TRIGGER]: Tenure of Presiding Officers > The 'Continuity' Principle during Dissolution.
  3. [THE HORIZONTAL EXPANSION]: 1. Article 179 (State) mirrors Article 94 (Centre). 2. Resignation hierarchy: Speaker writes to Deputy, Deputy writes to Speaker. 3. Removal requires 'Effective Majority' (majority of 'then' members) + 14 days notice. 4. The Deputy Speaker *does* vacate office on dissolution (unlike the Speaker). 5. Pro Tem Speaker is appointed by Governor *after* the new assembly is constituted.
  4. [THE STRATEGIC METACOGNITION]: When reading tenure rules, always isolate the 'Survivor'. Most offices die when the House dissolves; the Speaker is the specific anomaly designed to ensure the House has a head until the new one meets.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Grounds for vacating office of Speaker/Deputy Speaker
💡 The insight

References explicitly list the circumstances (including cessation of membership) under which Speakers and Deputy Speakers vacate office.

High-yield for constitutional law questions on legislative office-tenure. Connects to topics on membership qualifications, disqualification, and office-holding. Mastery helps answer direct doctrinal questions and compare centre–state provisions.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
🔗 Anchor: "Under the Constitution of India, does the Speaker of a State Legislative Assembl..."
📌 Adjacent topic to master
S1
👉 Resignation and removal procedures for presiding officers
💡 The insight

Evidence notes resignation routing (writing to Deputy/Speaker) and removal by resolution with notice — procedural grounds tied to vacating office.

Important for UPSC when evaluating procedural safeguards and checks on presiding officers; links to parliamentary procedure, effective majority concept, and notice requirements. Useful for both static and applied questions on legislative discipline and constitutional remedies.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
🔗 Anchor: "Under the Constitution of India, does the Speaker of a State Legislative Assembl..."
📌 Adjacent topic to master
S1
👉 Effective majority as basis for removal
💡 The insight

Multiple references specify removal 'by a resolution passed by a majority of all the then members' (effective majority) as a cause for vacating office.

Crucial to distinguish types of majorities (simple, absolute, effective) in legislative processes — frequently tested in polity questions. Helps answer removal/culprit-majority pattern questions and compare central/state practices.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Deputy Speaker of Lok Sabha > p. 231
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
🔗 Anchor: "Under the Constitution of India, does the Speaker of a State Legislative Assembl..."
📌 Adjacent topic to master
S2
👉 Speaker's tenure and formal modes of vacating office
💡 The insight

References state the Speaker 'usually remains in office during the life of the assembly' and list three specific earlier grounds for vacating (ceasing to be member, resignation, removal).

High-yield for UPSC: knowing statutory tenure language and specified modes of vacation helps answer questions on constitutional offices and differentiate implied vs. enumerated grounds. Links to topics on legislative procedure, constitutional conventions, and removal mechanisms; useful for MCQs and mains answers contrasting tenure and removal. Learn by memorising the enumerated grounds and comparing wording across sources.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Speaker of Assembly > p. 339
🔗 Anchor: "Under the Constitution of India, does the Speaker of a State Legislative Assembl..."
📌 Adjacent topic to master
S2
👉 Contrast: Lok Sabha Speaker's position on dissolution vs. state Speaker
💡 The insight

Provided references explicitly state that whenever the Lok Sabha is dissolved the Speaker does NOT vacate and continues until the newly-elected Lok Sabha meets — highlighting a potential difference to investigate for state assemblies.

Important distinction to spot in UPSC questions comparing Parliament and State legislatures. Helps frame answers on differential constitutional treatment, transitional arrangements and institutional continuity. Practice by mapping similar provisions for Centre and States to anticipate question patterns asking for comparisons.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker of Lok Sabha > p. 230
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
🔗 Anchor: "Under the Constitution of India, does the Speaker of a State Legislative Assembl..."
📌 Adjacent topic to master
S2
👉 Speaker Pro Tem and transitional arrangements after elections
💡 The insight

References note that the Speaker of the last Lok Sabha vacates immediately before the first meeting of the newly-elected Lok Sabha and that a Speaker Pro Tem is appointed — illustrating post-election transitional practice.

Useful for questions on post-election procedures and temporary arrangements in legislative bodies. Knowing the Pro Tem mechanism helps answer procedural and chronology based questions in prelims and mains; connects to topics on convening the House and administrative functions of the President/Governor.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker Pro Tem > p. 232
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker of Lok Sabha > p. 230
🔗 Anchor: "Under the Constitution of India, does the Speaker of a State Legislative Assembl..."
🌑 The Hidden Trap

The Deputy Speaker does NOT enjoy the same protection as the Speaker. The proviso in Article 179 explicitly names only the Speaker. Therefore, upon dissolution, the Deputy Speaker vacates office immediately because they cease to be a member.

⚡ Elimination Cheat Code

The word 'immediately' in Statement 2 is a Red Flag. Constitutional offices abhor vacuums. If the Speaker leaves 'immediately' upon dissolution, who represents the Assembly for the months until the election? Logic dictates a caretaker arrangement.

🔗 Mains Connection

Mains GS-2 (Parliamentary Institutions): The Speaker's continuity during dissolution illustrates the distinction between the 'Government' (which falls) and the 'Legislature' (which persists as an institution). It ensures there is no constitutional vacuum.

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SIMILAR QUESTIONS

IAS · 2025 · Q87 Relevance score: 7.26

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: 7.15

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:

CDS-I · 2006 · Q118 Relevance score: 6.74

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?

CAPF · 2020 · Q94 Relevance score: 6.06

Which of the following statements are correct with regard to Speaker/Deputy Speaker, Lok Sabha ? 1. On dissolution of the Lok Sabha, both the Speaker and Deputy Speaker cease to be members of the House. 2. Both Speaker and Deputy Speaker vacate their office on dissolution of the Lok Sabha 3. Only Deputy Speaker vacates his office and Speaker shall not vacate his office until immediately before the first meeting of the Lok Sabha after dissolution ( Select the correct answer using the code given below:

NDA-II · 2008 · Q97 Relevance score: 6.05

Consider the following statements : 1. A bill pending in the Legislature of a State shall not lapse by reason of the propogation of the House or Houses thereof. 2. A bill pending in the Legislative Council of a State which has not been passed by the Legislative assembly shall not lapse on dissolution of the Assembly. Which of the statements given above is/are correct?