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Q39 (IAS/2018) Polity & Governance › State Executive & Legislature › State assembly Speaker Official Key

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 ?

Result
Your answer: —  ·  Correct: A
Explanation

The correct answer is option A (Statement 1 only).

Statement 1 is correct because the Speaker vacates office if he/she ceases to be a member of the assembly[1], which is one of the three conditions for premature vacation of the office.

Statement 2 is incorrect. When the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution[3]. This means the Speaker continues in office even after dissolution and only vacates immediately before the newly constituted Assembly meets for the first time. This constitutional provision ensures continuity and allows the Speaker to perform necessary functions during the transition period between the dissolved Assembly and the new one.

Therefore, only Statement 1 is correct, making option A the right answer.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
  2. [2] https://www.indiacode.nic.in/bitstream/123456789/19150/1/constitution_of_india.pdf
  3. [3] https://upload.indiacode.nic.in/showfile?actid=AC_CEN_5_24_00014_199201_1517807323250&type=actfile&filename=199201.pdf
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a memb…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10
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This is a classic 'Rule vs. Exception' question. Statement 1 tests the basic rule (Membership is mandatory), while Statement 2 tests the specific constitutional exception (Continuity of Office). If you missed this, you are skimming the 'Provisos' in Laxmikanth rather than studying them.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Under the Constitution of India, does the Speaker of a State Legislative Assembly vacate his or her office if he or she ceases to be a member of the Assembly?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Speaker of Assembly > p. 339
Presence: 5/5
“The Speaker is elected by the assembly itself from amongst its members. Usually, the Speaker remains in office during the life of the assembly. However, he/she vacates his/her office earlier in any of the following three cases: • 1. if he/ she ceases to be a member of the assembly; • 2. if he/ she resigns by writing to the deputy speaker; and • 3. if he/ she is removed by a resolution passed by a majority of all the then members of the assembly (i.e., an effective majority). Such a resolution can be moved only after giving 14 days advance notice.”
Why this source?
  • Directly lists the Speaker’s earlier vacation cases and includes: 'if he/she ceases to be a member of the assembly.'
  • Specifically addresses the Speaker of a State Legislative Assembly (Chapter: State Legislature → Speaker of Assembly).
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > Deputy Speaker of Assembly > p. 340
Presence: 4/5
“Like the Speaker, the Deputy Speaker is also elected by the assembly itself from amongst its members. He/she is elected after the election of the Speaker has taken place. Like the Speaker, the Deputy Speaker remains in office usually during the life of the assembly. However, she also vacates her office earlier in any of the following three cases: • If she ceases to be a member of the assembly; • 2. If she resigns by writing to the speaker; and • 3. If he/she is removed by: a resolution passed by a majority of all the then members of the assembly (i.e., an effective majority).”
Why this source?
  • States the Deputy Speaker 'vacates her office' if she 'ceases to be a member of the assembly', showing the same rule applied to presiding officers of state assemblies.
  • Supports the general principle that membership is a precondition for holding presiding-office in a State Assembly.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Speaker of Lok Sabha > p. 229
Presence: 4/5
“Election and Tenure The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be, after its first sitting). Whenever the office of the Speaker falls vacant, the Lok Sabha elects another member to fill the vacancy. The date of election of the Speaker is fixed by the President. Usually, the Speaker remains in office during the life of the Lok Sabha. However, he /she has to vacate his/ her office earlier in any of the following three cases: • 1. if he/ she ceases to be a member of the Lok Sabha;• 2. if he/she resigns by writing to the Deputy Speaker; and• 3. if he/she is removed by a resolution passed by a majority of all the then members of the Lok Sabha (i.e., an effective majority).”
Why this source?
  • Shows the parallel rule at the Centre: Speaker of Lok Sabha vacates if he/she 'ceases to be a member of the Lok Sabha', indicating consistent constitutional practice for Speakers.
  • Reinforces the interpretation of presiding-officer tenure being contingent on assembly membership.
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