UPSC Prelims 2024 Q93: Indian Polity – Parliament & State Legislatures
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (a) 1 only
Explanation
Speaker of Lok Sabha - Rights When Removal Resolution is Under Consideration
Under Article 96 of the Constitution:
'The Speaker shall not preside while a resolution for his removal is under consideration.'
| Statement | Claim | Verdict | Analysis |
|---|---|---|---|
| 1 | Speaker shall not preside | TRUE | Article 96 explicitly states the Speaker vacates the chair and does not preside while the removal resolution is being discussed. |
| 2 | Speaker shall not have the right to speak | FALSE | The Speaker RETAINS the right to speak. Under Article 96(2), the Speaker has the right to speak in the House and take part in proceedings while the removal resolution is under consideration. The Speaker participates as an ordinary member. |
| 3 | Speaker shall not be entitled to vote on the resolution in the first instance | FALSE | Under Article 96(2), the Speaker is ENTITLED to vote on the resolution in the first instance (like any other member). Normally the Speaker only votes in case of a tie (casting vote). But when the removal resolution is being voted on, the Speaker can vote in the first instance. |
Only Statement 1 is correct.
Answer: (a) 1 only.
Why each option is right or wrong
- (a) CORRECT. Only Statement 1 is correct - the Speaker does not preside while the removal resolution is under consideration. Statements 2 and 3 are both false.
- (b) Incorrect. Statements 1 and 2 would require the Speaker to also lose the right to speak - but Article 96(2) expressly gives the Speaker the right to speak during removal resolution consideration.
- (c) Incorrect. Statements 2 and 3 are both false. The Speaker retains the right to speak AND can vote in the first instance during the removal resolution.
- (d) Incorrect. Not all three are correct. Statements 2 and 3 are both false - the Speaker retains the right to speak and can vote in the first instance.
Key point
When Speaker's removal resolution is under consideration: Speaker does NOT preside (Article 96). BUT Speaker CAN speak AND can vote in the first instance (Article 96(2)). Only Statement 1 (no presiding) is correct.
Remember
When a removal resolution against the Speaker is under consideration, the Speaker does not preside but retains the right to speak and can vote on the resolution in the first instance (unlike normal proceedings where Speaker only has a casting vote).
Common mistakes
- Thinking the Speaker cannot vote on the removal resolution - Article 96(2) specifically allows the Speaker to vote in the first instance during the removal resolution (unlike normal proceedings where Speaker only casts a deciding vote in case of tie).
- Thinking the Speaker loses all rights while the resolution is being considered - the Speaker only vacates the chair (loses presiding function) but retains rights to speak and vote.
- Confusing normal Speaker powers (casting vote only in tie) with removal resolution scenario (Speaker can vote in first instance).
Exam tip
Article 96 - Speaker during removal resolution: CANNOT preside. CAN speak. CAN vote in FIRST instance (not just casting vote). The logic: Speaker temporarily steps down from the chair but remains a member with full speaking and voting rights.
Sources
- Constitution of India - Article 96
- NCERT Class 11 Political Science - Chapter 5: Legislature