93
Question 93
With reference to the Speaker of the
Lok Sabha, consider the following statements :
While any resolution for the removal of the Speaker of the Lok Sabha is under consideration
1. He/She shall not preside.
2. He/She shall not have the right to speak.
3. He/She shall not be entitled to vote on the resolution in the first instance.
Which of the statements given above is/are correct?
While any resolution for the removal of the Speaker of the Lok Sabha is under consideration
1. He/She shall not preside.
2. He/She shall not have the right to speak.
3. He/She shall not be entitled to vote on the resolution in the first instance.
Which of the statements given above is/are correct?
AOptions
A
A) 1 only
B
B) 1 and 2 only
C
C) 2 and 3 only
D
D) 1, 2 and 3
BSolution
Let's analyze the statements regarding the Speaker of the Lok Sabha during a resolution for his/her removal (Article 96):
1. Statement 1 is correct. Article 96(1) states: "At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not preside, and accordingly the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent." This means the Speaker cannot preside during the consideration of a resolution for their own removal.
2. Statement 2 is incorrect. Article 96(2) states: "The Speaker shall have the right to speak in, and otherwise to take part in, the proceedings of the House while any resolution for his removal from office is under consideration..." The Speaker *does* have the right to speak and take part in the proceedings, although they cannot preside.
3. Statement 3 is incorrect. Article 96(2) further states: "...and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes." This means the Speaker *is* entitled to vote in the first instance (as an ordinary member), but not to exercise a casting vote in case of a tie (which they normally would if presiding).
Therefore, only statement 1 is correct.
1. Statement 1 is correct. Article 96(1) states: "At any sitting of the House of the People, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not preside, and accordingly the provisions of clause (2) of article 95 shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker, is absent." This means the Speaker cannot preside during the consideration of a resolution for their own removal.
2. Statement 2 is incorrect. Article 96(2) states: "The Speaker shall have the right to speak in, and otherwise to take part in, the proceedings of the House while any resolution for his removal from office is under consideration..." The Speaker *does* have the right to speak and take part in the proceedings, although they cannot preside.
3. Statement 3 is incorrect. Article 96(2) further states: "...and shall, notwithstanding anything in article 100, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes." This means the Speaker *is* entitled to vote in the first instance (as an ordinary member), but not to exercise a casting vote in case of a tie (which they normally would if presiding).
Therefore, only statement 1 is correct.
CStrategy
For questions on parliamentary office bearers, remember the specific rules that apply during motions of removal or no-confidence. Pay attention to powers like presiding, speaking, and voting, as these often have special provisions.
DSyllabus Analysis
Polity: Parliament (Speaker of Lok Sabha, Procedures for Removal).
EQuestion Analysis
This is a factual question from Indian Polity, requiring precise knowledge of the Speaker's powers and limitations during a removal motion. Statements 2 and 3 present subtle but important inaccuracies. Medium to Hard difficulty.