UPSC Prelims 2018·GS1·polity-and-governance·government structure

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?

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  1. A1 onlyCorrect
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2

Explanation

Let's examine the statements concerning the Speaker of the Legislative Assembly: 1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly. This statement is correct. Article 179(a) of the Indian Constitution clearly states that a Speaker or Deputy Speaker of a Legislative Assembly "shall vacate his office if he ceases to be a member of the Assembly." Membership of the Assembly is a prerequisite for holding the Speaker's office. 2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately. This statement is incorrect. The proviso to Article 179 states that "whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution." This provision ensures continuity and the smooth functioning of the House until a new Speaker is elected by the newly constituted Assembly. Therefore, only statement 1 is correct.
polity-and-governance: Consider the following statements: 1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceas

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