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CAPF AC 2020 Q94: Indian Polity – Parliament & State Legislatures

CAPF AC 2020, Paper I (General Ability and Intelligence) · Indian Polity

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:
  1. (a) 1 only
  2. (b) 1, 2 and 3
  3. (c) 2 and 3 only
  4. (d) 1 and 3 only

Answer: (d) 1 and 3 only

Explanation

Speaker and Deputy Speaker when the Lok Sabha is dissolved

How to think: statements 2 and 3 contradict each other.

So only one of them is right.

The Constitution keeps the Speaker in office until the new House meets, so statement 3 wins.

StatementVerdictFact
1. On dissolution, both cease to be members of the HouseCorrectDissolution ends the membership of every member
2. Both vacate their office on dissolutionIncorrectThe Speaker does not vacate
3. Only the Deputy Speaker vacates; the Speaker continues until immediately before the first meeting of the new Lok SabhaCorrectArticle 94, second proviso

Why the Speaker stays: the office should never be empty.

The old Speaker goes just before the new House holds its first meeting.

More on Article 94:

PointRule
ResignationSpeaker writes to the Deputy Speaker, and the Deputy Speaker to the Speaker
RemovalResolution passed by a majority of all the then members; 14 days' notice

Answer: (d) 1 and 3 only.

Why each option is right or wrong

Key point

Article 94: on dissolution the Speaker does not vacate office until immediately before the first meeting of the new Lok Sabha. The Deputy Speaker vacates with the loss of membership.

Remember

After dissolution the Speaker stays till the new Lok Sabha first meets.

Common mistakes

Exam tip

Educated guess: statements 2 and 3 clash, so (b) and (c) are out. The choice is only between (a) and (d).

Sources

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