Question 8 from UPSC CSE 2018 - Polity

Question

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?

IASCODEX · Accepted Answer

Correct Option: A. 1 only

Strategy: Focus directly on the constitutional context for a Speaker's office. Statement 1 is correct, as vacating membership automatically disqualifies the person from being Speaker. Pay close attention to the word 'immediately' in statement 2—according to Article 179, the Speaker remains in office until just before the new Assembly meets, even after dissolution. That makes statement 2 incorrect. Select option A.

Key Info: The Speaker of the Legislative Assembly is a constitutional officer elected by members of the Legislative Assembly (Vidhan Sabha) of a State, as per Article 178 of the Constitution of India. Article 179 lays down the conditions for vacation of the Speaker's office:
*   if the Speaker ceases to be a member of the Assembly,
*   if the Speaker resigns in writing, or
*   if the Speaker is removed by a resolution passed by a majority of all current Assembly members after a 14-day notice. Importantly, Article 179 states that even when the Legislative Assembly is dissolved, the Speaker does not vacate office immediately. The Speaker continues to hold office until the first meeting of the freshly constituted Assembly after dissolution, ensuring continuity and presiding authority during any interim period. This provision upholds the constitutional stability of the legislature and mirrors similar rules applicable to the Speaker of the Lok Sabha (Article 94).

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2

IASCODEX · Answer

Option D: Neither 1 nor 2