UPSC Prelims 2025 Q87: Indian Polity – Parliament & State Legislatures
Consider the following statements :
I. 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.
II. 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 immediately.
III. The 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 resolution.
Which of the statements given above are correct?
- (a) I and II only
- (b) II and III only
- (c) I and III only
- (d) I, II and III
Answer: (c) I and III only
Explanation
Speaker of the House of the People (Lok Sabha)
| Statement | Claim | Verdict | Constitutional Basis |
|---|---|---|---|
| I | On dissolution of Lok Sabha, Speaker shall NOT vacate office until immediately before the first meeting of new House | TRUE | Article 94 (second proviso): Speaker continues in office even after dissolution, until the new House meets for the first time. This ensures continuity and the new House can be constituted under the outgoing Speaker. |
| II | A Member elected as Speaker shall resign from political party immediately | FALSE | There is no constitutional requirement for the Speaker to resign from their party. The Tenth Schedule (anti-defection) treats the Speaker's vote as exempt, but there is no mandatory party resignation. The convention of non-partisanship is unwritten, not constitutional. |
| III | Speaker may be removed by resolution passed by majority of all then members, provided 14 days' notice given | TRUE | Article 94(c): Speaker can be removed by a resolution passed by a majority of all the then members (effective majority) of the Lok Sabha with at least 14 days' notice of the intention to move such a resolution. |
Correct: I and III → Answer: I and III only
Answer: (c) I and III only.
Why each option is right or wrong
- (a) Incorrect. 'I and II only' would make Statement III wrong — but Article 94(c) clearly states the majority of all-then-members + 14 days notice requirement for removing the Speaker.
- (b) Incorrect. 'II and III only' would make Statement I wrong — Article 94 (second proviso) explicitly says the Speaker continues until the first sitting of the new House after dissolution.
- (c) CORRECT. Statement I (Art. 94 proviso: Speaker continues past dissolution) and Statement III (Art. 94(c): removal by effective majority + 14 days notice) are both constitutionally accurate.
- (d) Incorrect. 'I, II and III' would require Statement II to be true — but there is NO constitutional provision requiring the Speaker to resign from their political party upon election as Speaker.
Key point
Speaker continues PAST dissolution until new House meets (Art. 94). Removed by effective majority + 14 days notice. No constitutional requirement to resign from political party.
Remember
Speaker stays in office even after Lok Sabha dissolution (until new House meets). Removal requires majority of ALL members + 14 days notice. No constitutional rule to leave political party.
Common mistakes
- Thinking the Speaker automatically resigns party membership — this is a convention in the UK but has NO constitutional backing in India.
- Confusing 'simple majority' (more than half present & voting) with 'effective majority' (more than half of ALL then members) — Speaker removal requires the harder effective majority.
- Forgetting the 14 days' prior notice requirement — no resolution can be moved without giving 14 days' advance notice of intention to remove the Speaker.
Exam tip
Speaker removal: Effective majority (>50% of ALL members) + 14 days' notice. Speaker continues past Lok Sabha dissolution — acts as caretaker Speaker until new House. Party resignation = convention, not law in India.
Sources
- Constitution of India — Article 93 (election of Speaker), Article 94 (vacation/removal of Speaker)
- Constitution of India — Tenth Schedule (anti-defection)