UPSC Prelims 2018 Q39: Indian Polity – Parliament & State Legislatures
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (a) 1 only
Explanation
Speaker of Legislative Assembly - When Does the Office Vacate?
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Speaker vacates office on ceasing to be a member of the Assembly | TRUE | Article 179(a) of the Constitution - the Speaker/Deputy Speaker of a Legislative Assembly vacates office if he/she ceases to be a member of the Assembly. |
| 2 | On dissolution of the Assembly, Speaker vacates office immediately | FALSE | Article 179(b) proviso - the Speaker does NOT vacate office immediately upon dissolution. He/she continues in office until immediately before the first meeting of the Legislative Assembly after the dissolution (i.e., ensures continuity for administrative purposes). |
Answer: (a) 1 only.
Why each option is right or wrong
- (a) CORRECT. Only Statement 1 is right - loss of Assembly membership triggers immediate vacation of the Speaker's office.
- (b) Incorrect. Statement 2 wrongly says Speaker vacates immediately on dissolution - Speaker actually continues until the next Assembly meets.
- (c) Incorrect. Statement 2 is factually wrong.
- (d) Incorrect. Statement 1 is correct.
Key point
Speaker vacation triggers (Art. 179): (a) Ceases to be Assembly member = vacates immediately. (b) Assembly dissolved = continues until first meeting of next Assembly. (c) Resigns to Deputy Speaker. (d) Removed by resolution passed by majority.
Remember
The Speaker of a State Legislative Assembly vacates office if he/she ceases to be a member of the Assembly (Article 179(a)). However, on dissolution of the Assembly, the Speaker does NOT vacate immediately - he/she continues in office until immediately before the first meeting of the newly-elected Assembly, to ensure administrative continuity.
Common mistakes
- Assuming dissolution ends the Speaker's role at once - the Constitution keeps the Speaker until the next Assembly meets, for continuity.
- Confusing the Speaker of Legislative Assembly (Art. 179) with Speaker of Lok Sabha (Art. 94) - the provisions mirror each other.
- Forgetting that Speaker resigns to Deputy Speaker (not to the Governor).
Exam tip
Speaker continuity rule (both LS and Assembly): On dissolution, Speaker continues until immediately before the first meeting of the newly-elected House. This is administrative continuity, not tenure extension.
Sources
- Constitution of India - Article 179 (Speaker and Deputy Speaker of Legislative Assembly)
- M. Laxmikanth - Indian Polity (Chapter on State Legislature)