Indian Polity : State Legislature

Q 2 / 4

UPSC CSE Prelims 2018

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 ?

EXPLANATION

Correct Option

Statement 1 is correct. Article 179(a) of the Constitution of India states that the Speaker of a Legislative Assembly shall vacate office if he/she ceases to be a member of the Assembly. This is a fundamental condition for holding the office, as the Speaker is elected from among the members of the Assembly.

Incorrect Options

Statement 2 is incorrect. Article 179(c) specifies that the Speaker does not vacate office immediately upon the dissolution of the Legislative Assembly. Instead, the Speaker continues in office until immediately before the first meeting of the Assembly after the dissolution. This provision ensures institutional continuity and prevents a vacuum in the office of the Speaker.

Option (B) is incorrect as statement 2 is false.

Option (C) is incorrect as statement 2 is false.

Option (D) is incorrect as statement 1 is correct.

SOURCEIndian Polity by M. Laxmikanth, Chapter 32: State Legislature