Question map
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?
Explanation
**Statement I is CORRECT.** When the Lok Sabha is dissolved, the Speaker does not vacate his/her office and continues till the newly-elected Lok Sabha meets.[1] This ensures continuity in parliamentary functioning.
**Statement II is INCORRECT.** In India, the Speaker does not resign from the membership of his/her party on his/her election to the exalted office.[2] While in Britain the Speaker is strictly a nonparty man and there is a convention that the Speaker has to resign from his/her party and remain politically neutral,[2] this healthy convention is not fully established in India.
**Statement III is CORRECT.** The Speaker may be removed by a resolution passed by a majority of all the then members of the Lok Sabha (i.e., an effective majority).[3] Additionally, no resolution for this purpose shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.[4]
Therefore, only statements I and III are correct, making option C the right answer.
Sources- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 230
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 231
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
- [4] https://www.mea.gov.in/Images/pdf1/Part5.pdf
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Laxmikanth Sitter' that rewards precise reading of the Parliament chapter. The question tests the specific distinction between British conventions and Indian Constitutional law (Statement II) and the exact definition of 'Effective Majority' (Statement III). If you missed this, your static core is leaking.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: According to the Constitution of India, does the Speaker of the House of the People (Lok Sabha) continue in office after the Lok Sabha is dissolved until immediately before the first meeting of the House after dissolution?
- Statement 2: Does the Constitution of India require a Member of the House of the People (Lok Sabha) to resign from their political party immediately upon being elected Speaker?
- Statement 3: Under the Constitution of India, can the Speaker of the House of the People (Lok Sabha) be removed from office by a resolution passed by a majority of all the then members of the House?
- Statement 4: Does the Constitution of India require at least fourteen days' notice before moving a resolution to remove the Speaker of the House of the People (Lok Sabha)?
- Explicitly states that whenever the Lok Sabha is dissolved the Speaker does not vacate office and continues till the newly-elected Lok Sabha meets.
- Directly addresses continuity of the Speaker's tenure during the period between dissolution and first meeting of the new House.
- States that the Speaker of the last Lok Sabha vacates office immediately before the first meeting of the newly-elected Lok Sabha.
- Specifies the precise timing of vacating (immediately before first meeting), which complements the continuity described elsewhere.
- Explicitly contrasts UK practice with India and states the Indian Speaker does not resign party membership on election.
- Directly asserts the convention of resigning party membership is not established in India.
- Lists 'voluntarily gives up the membership of the political party' as a ground for disqualification under the defection law.
- Identifies the constitutional mechanism (Tenth Schedule) dealing with party membership and disqualification for Lok Sabha members.
- Explicitly lists removal by a resolution as one of the three ways the Speaker may vacate office.
- Specifies that such removal requires 'a majority of all the then members of the Lok Sabha (i.e., an effective majority)'.
- Repeats the provision that the Speaker can be removed by a resolution passed by an effective majority.
- Confirms the constitutional/tenure context for the Speaker's removal method.
- Text is from an official Part of the Constitution (MEA PDF) referring to removal of the Speaker.
- Contains the proviso explicitly requiring 'at least fourteen days' notice' before moving the resolution to remove (clause (c)).
- India Code PDF reproduction of the Constitution explicitly includes the same proviso.
- Directly ties the 14‑day notice requirement to the intention to move a resolution (clause (c)) for removal.
- Constitution text version explicitly states the proviso in the article concerning Speaker/Deputy Speaker.
- Shows the 14‑day notice requirement is a proviso to clause (c) (removal) of the relevant article.
Specifically states that a resolution to remove the Deputy Speaker can be moved only after giving 14 days' advance notice.
A student could use this explicit rule for the Deputy Speaker as a pattern to check whether a parallel provision exists for the Speaker (compare constitutional text or rules for both offices).
Duplicate citation (same text) reinforcing that removal of the Deputy Speaker requires 14 days' advance notice.
Reinforces the pattern: look for symmetry in the Constitution or Lok Sabha Rules between Speaker and Deputy Speaker removal procedures.
Explains Speaker's removal is by a resolution passed by a majority of all then members (effective majority) but does not state any notice period.
A student can note the similarity in removal method (resolution + effective majority) and then check whether the omission of a notice period here implies a different rule or that the notice requirement is found elsewhere (e.g., in rules of procedure).
Notes procedural consequence when a resolution for removal of the Speaker is under consideration (Speaker cannot preside), indicating there are special procedural rules when such a resolution is moved.
Suggests there are specific procedures for Speaker removal; a student could consult the Lok Sabha Rules or constitutional provisos to see if a prior notice requirement is one such procedure.
Shows the 44th Amendment and other parliamentary provisions use a 14-day timeline (special sitting within 14 days) for certain motions, indicating 14-day periods appear in parliamentary practice.
A student might treat the recurrence of a '14 days' timeline in other contexts as a clue to look for a similar timeframe in rules governing removal motions for high offices like the Speaker.
- [THE VERDICT]: Sitter. Directly solvable from M. Laxmikanth (Chapter 23: Parliament). Statement II is a common trap contrasting UK vs India.
- [THE CONCEPTUAL TRIGGER]: 'Presiding Officers of Parliament' — specifically the nuances of Vacancy, Resignation, and Removal (Article 94).
- [THE HORIZONTAL EXPANSION]: Memorize the Removal Majorities: President (2/3 of Total Strength), VP/Speaker/Dy Speaker (Effective Majority i.e., >50% of 'Then' members), Judges (Special Majority). Also, check the '14-day notice' rule—it applies to President, VP, and Speaker removal resolutions.
- [THE STRATEGIC METACOGNITION]: When studying Constitutional bodies, always verify: Is this a written Article or a Convention? Statement II fails because it frames a UK convention as an Indian Constitutional provision. Always segregate 'Law' from 'Practice'.
Explains that the Speaker remains in office after dissolution and vacates only immediately before the first meeting of the newly-elected Lok Sabha.
High-yield for polity questions on tenure and transitional arrangements; connects to constitutional provisions on continuity of authority during interregnum and to questions about which offices persist despite dissolution.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 230
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker Pro Tem > p. 232
Relates to the vacancy created immediately before the first meeting of a newly-elected Lok Sabha and the consequent appointment of a Speaker Pro tem.
Important for questions on first-sitting procedures, presidential powers in constituting the initial Chair, and practical parliamentary functioning at the commencement of a new Lok Sabha.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker Pro Tem > p. 232
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker Pro Tem > p. 232
Identifies constitutional grounds—ceasing to be a member, resignation, or removal—that can end the Speaker's tenure before the normal life of the Lok Sabha.
Essential for questions about removal and resignation procedures, effective majority concepts, and contrasts between ordinary tenure and early vacancy; useful across exams where office tenure and removal are tested.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
India does not follow the British convention of the Speaker resigning party membership; Indian Speakers typically retain party membership.
High-yield for constitutional polity questions comparing conventions and practices versus written provisions; connects to questions on parliamentary impartiality and comparative legislative norms. Enables answers on why practice may differ across Westminster-derived systems.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 231
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker of Lok Sabha > p. 231
The Speaker is elected from among Lok Sabha members and has a defined tenure and modes of vacating office.
Core constitutional knowledge for UPSC polity: questions often ask about appointment, tenure, resignation and removal of presiding officers; links to parliamentary procedures and executive-president relations.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 230
Voluntarily giving up party membership is a constitutional ground for disqualification under the Tenth Schedule.
Essential for questions on party discipline, stability of governments and legal consequences of changing party affiliation; connects to Speaker's role in adjudicating disqualification petitions and to legislative majority issues.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 227
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 227
The Speaker can be removed from office by a resolution passed by a majority of all the then members (effective majority).
High-yield for polity questions on tenure and removal of key constitutional offices; links to concepts of different types of parliamentary majorities and to impeachment/removal procedures. Useful for answering direct-knowledge and comparison questions about constitutional office-holders.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
The 'Inverted Voting' Rule: Normally, the Speaker has a casting vote (only in a tie). However, when a resolution for their removal is under consideration, they can vote in the *first instance* but NOT in the case of a tie. This specific reversal is on the same page in Laxmikanth and is a future trap.
Look at Statement II: 'According to the provisions of the Constitution... shall resign... immediately.' This is an extreme, rigid behavioral mandate. In Indian politics, party affiliation is the norm. If the Constitution mandated resignation, the Anti-Defection law (10th Schedule) wouldn't need a specific exemption for the Speaker. The existence of the exemption implies the resignation is voluntary, not mandatory.
Link the Speaker's power to disqualify (Anti-Defection) with GS-2 'Separation of Powers'. The Supreme Court's ability to review the Speaker's decision (Kihoto Hollohan case) turns a static post into a dynamic Mains debate on judicial overreach vs legislative privilege.