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?
Contents17
- AI and II only
- BII and III only
- CI and III only
- DI, II and III
Show answer
Answer: (C) I and III only
(I) 'Speaker doesn't vacate office on dissolution until before the first meeting of new House' — CORRECT.
Article 94 provides that the Speaker continues in office even after the Lok Sabha is dissolved, until just before the first meeting of the newly elected House.
This ensures continuity of the office and allows the outgoing Speaker to oversee procedural matters during the transition period. ✓
(II) 'Constitution requires Speaker to resign from political party' — INCORRECT.
There is no such constitutional provision.
The Constitution does NOT require the Speaker to resign from their political party.
In practice, Speakers are expected to be impartial, and some Speakers have voluntarily resigned from their party (like N. Sanjiva Reddy), but this is a convention, not a constitutional requirement.
In the UK system, the Speaker does resign from their party, but India has not adopted this practice constitutionally. ✗
(III) 'Speaker can be removed by majority of all then Members with 14 days' notice' — CORRECT.
Under Article 94, the Speaker can be removed by a resolution passed by a majority of ALL the then members of the House (effective majority, not just those present and voting).
Importantly, at least 14 days' advance notice must be given before moving such a resolution.
While the removal resolution is being considered, the Speaker cannot preside over the House. ✓
Statements I and III are correct. Answer is (c).
The Speaker's continuity during Lok Sabha dissolution (Article 94) ensures smooth transition when governments change, preventing any procedural vacuum during the critical period between dissolution and the new House's first meeting.
Statement II is a classic trap - while UK Speakers resign from their party, the Indian Constitution has no such requirement, making this a key difference students must remember between Westminster and Indian parliamentary systems.
Speaker's Continuity During Dissolution
Indian Polity dissolution Speaker vacate first meeting
Speaker's Office During Lok Sabha Dissolution: Constitutional Continuity
Speaker continues in office even after Lok Sabha dissolution until just before first meeting of new House
Article 94 ensures constitutional continuity during transition period
Speaker oversees procedural matters between old House dissolution and new House formation
Constitutional Provision
Article 94 of the Constitution ensures that the Speaker's office continues even when the Lok Sabha is dissolved. This prevents any constitutional vacuum and maintains institutional continuity during the transition period between two Houses.
Timeline of Events
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Lok Sabha Dissolved**
President dissolves the House under Article 85`"]
s2["`**Speaker Continues**
Speaker remains in office despite dissolution`"]
s3["`**Elections Held**
New Lok Sabha elections conducted`"]
s4["`**New House Meets**
First meeting of newly elected Lok Sabha`"]
s5["`**Speaker Vacates**
Outgoing Speaker vacates office just before this meeting`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Why This Continuity Matters
Prevents constitutional vacuum in the office of Speaker
Allows Speaker to handle any urgent procedural matters during transition
Ensures smooth handover to the newly elected House
Maintains institutional dignity and parliamentary traditions
Trap: Confusing dissolution with prorogation - Speaker continues only during dissolution, not prorogation
Trap: Thinking Speaker vacates immediately on dissolution - actually continues until new House's first meeting
Trap: Assuming this applies to Rajya Sabha - Rajya Sabha is never dissolved, so this provision is Lok Sabha specific
Speaker's Party Affiliation Rules
Indian Polity Speaker resign political party
Speaker's Political Party Resignation: Convention vs Constitutional Requirement
No constitutional provision requires Speaker to resign from political party
Some Speakers have voluntarily resigned from party as a convention (like N. Sanjiva Reddy)
UK system requires Speaker to resign from party, but India hasn't adopted this constitutionally
Constitutional Position
The Indian Constitution contains no provision requiring the Speaker to resign from their political party upon election. This is a key difference from the British parliamentary system, where such resignation is mandatory.
India vs UK Practice
Aspect | India | United Kingdom |
|---|---|---|
Constitutional Requirement | No provision for party resignation | Mandatory party resignation |
Current Practice | Voluntary - Speaker's choice | Compulsory by convention |
Party Membership | Speaker can retain party membership | Speaker becomes independent |
Example | N. Sanjiva Reddy voluntarily resigned | All Speakers resign from party |
Impartiality Expectations
Speaker expected to be impartial while presiding over House proceedings
Convention (not law) suggests Speaker should act above party politics
Some Speakers maintain party membership but avoid partisan behavior
Personal choice of individual Speakers whether to resign from party
Major Trap: Assuming constitutional requirement exists - it's only a convention
Trap: Confusing UK practice with Indian Constitution - different systems
Trap: Thinking all Speakers must resign - it's voluntary in India
Speaker's Removal Procedure
Indian Polity removed resolution majority fourteen days notice
Speaker's Removal: Constitutional Procedure & Safeguards
Speaker removed by majority of all then members (effective majority), not just present members
14 days advance notice mandatory before moving removal resolution
Speaker cannot preside when their own removal resolution is being considered
Constitutional Framework
Article 94 lays down the procedure for removing the Speaker. The framers ensured this process has adequate safeguards to prevent arbitrary removal while allowing legitimate democratic action.
Removal Requirements
Requirement | Specification | Purpose |
|---|---|---|
Majority Type | Majority of all then members | Higher threshold than simple majority |
Advance Notice | Minimum 14 days notice | Prevents surprise motions |
Presiding Officer | Speaker cannot preside during their removal | Ensures fairness |
Resolution Type | Formal resolution in House | Proper parliamentary procedure |
Removal Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Notice Given**
Member gives 14 days advance notice of intention to move removal resolution`"]
s2["`**Resolution Moved**
After notice period, resolution formally moved in House`"]
s3["`**Deputy Presides**
Deputy Speaker or Panel Chairman presides (Speaker cannot preside)`"]
s4["`**Voting**
House votes - needs majority of ALL then members`"]
s5["`**Result**
If passed, Speaker removed; if failed, Speaker continues`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Key Distinctions
Effective majority required - majority of total House strength, not just present members
14 days notice prevents sudden ambush attempts against Speaker
Speaker disqualified from presiding over their own removal motion
Similar procedure exists for Deputy Speaker under same Article 94
Critical Trap: Confusing simple majority (present & voting) with effective majority (all then members)
Trap: Missing the 14 days notice requirement - UPSC loves this procedural detail
Trap: Thinking Speaker can preside over their own removal - they cannot
Article 94: Speaker & Deputy Speaker
Indian Polity Article 94
Article 94: Complete Constitutional Framework for Speaker & Deputy Speaker
Article 94 covers vacation of offices of Speaker and Deputy Speaker
Provides for continuation during dissolution and removal procedure
Same provisions apply to both Speaker and Deputy Speaker
Article 94 Provisions
# Article 94
## Vacation of Office
- Resignation by writing
- Removal by resolution
- Ceasing to be member
## Dissolution Continuity
- Speaker continues in office
- Until first meeting of new House
- Ensures transition
## Removal Procedure
- 14 days notice
- Majority of all members
- Cannot preside over own removal
## Applicability
- Speaker of Lok Sabha
- Deputy Speaker
- Same procedure for bothWays Speaker's Office Becomes Vacant
Method | Procedure | Authority |
|---|---|---|
Resignation | Writing under hand addressed to Deputy Speaker | Speaker's own choice |
Removal | Resolution with 14 days notice + effective majority | Lok Sabha |
Ceasing Membership | Automatic if no longer MP (death, disqualification) | Constitutional |
Dissolution | Continues until first meeting of new House | Constitutional continuity |
Related Articles
Article 93 - Election of Speaker and Deputy Speaker
Article 95 - Power of Deputy Speaker when Speaker's office is vacant
Article 96 - Speaker or Deputy Speaker not to preside when resolution for removal is under consideration
Article 97 - Salaries and allowances of Speaker and Deputy Speaker