Consider the following statements:On the dissolution of the House of the People, the Speaker shall n

Question

Consider the following statements: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.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 immediatelyThe 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 resolutionWhich of the statements given above is/are correct?

Accepted Answer

I. Upon the dissolution of the House of the People, the Speaker does not vacate their office until immediately before the first meeting of the newly constituted House of the People. This statement aligns with the second proviso to Article 94 of the Constitution of India. It ensures continuity in the functioning of the Speaker's office even after the Lok Sabha has been dissolved. The Speaker remains in office and continues to discharge their duties until just before the new Lok Sabha holds its first session, typically presided over by a Speaker protem until a new Speaker is elected. Hence statement I is correct. II. The Constitution of India requires a Member of the House of the People, upon being elected as Speaker, to resign from their political party. The Constitution imposes no such requirement. While the office of the Speaker is expected to function with neutrality and impartiality—drawing from the conventions of the Westminster parliamentary system—there is no constitutional or legal mandate that requires resignation from the political party. In fact, the Tenth Schedule (Anti-Defection Law) expressly exempts the Speaker (as well as the Deputy Speaker and Deputy Chairman) from disqualification in the event they voluntarily give up membership of their political party after assuming office. This provision enables them to act impartially, but resignation remains a matter of convention rather than compulsion. Hence statement II is not correct. III. The Speaker of the House of the People can be removed from office by a resolution passed by a majority of all the then members of the House, provided a minimum of fourteen days' notice has been given before moving such a resolution. This statement accurately reflects the procedure under Article 94(c) of the Constitution. The Speaker may be removed by a resolution passed by an effective majority—i.e., a majority of the total current membership of the Lok Sabha (excluding vacancies). Additionally, a procedural safeguard is built into the process: no such resolution can be brought forward unless at least 14 days' prior notice has been given, allowing for adequate deliberation. Hence statement III is correct.