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UPSC Prelims 2018 Q39: Indian Polity – Parliament & State Legislatures

UPSC Prelims 2018, General Studies Paper I · Indian Polity

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?
  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2

Answer: (a) 1 only

Explanation

Speaker of Legislative Assembly - When Does the Office Vacate?

StatementClaimVerdictDetail
1Speaker vacates office on ceasing to be a member of the AssemblyTRUEArticle 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.
2On dissolution of the Assembly, Speaker vacates office immediatelyFALSEArticle 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

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

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

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