Consider the following statements:
- The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.
- Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her immediately.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 1 — 1 only
The Speaker of a State Legislative Assembly vacates office if they cease to be a member of the Assembly (Article 179). However, when the Assembly is dissolved, the Speaker does not vacate office immediately but continues until a new Speaker is elected by the newly constituted Assembly, ensuring administrative continuity.
✅ Statement 1 – Correct: Article 179 of the Constitution explicitly mandates that the Speaker shall vacate office if they cease to be a member of the Legislative Assembly.
❌ Statement 2 – Incorrect: Upon dissolution of the Assembly, the Speaker does not vacate office immediately but continues until the first meeting of the new Assembly when a new Speaker is elected, ensuring continuity in legislative administration.
📝 Short Notes: Speaker of State Legislative Assembly
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 178 (Speaker and Deputy Speaker) and Article 179 (Vacation of Office) |
| Election | Elected by members of the Legislative Assembly from amongst themselves |
| Vacation of Office | • If ceases to be a member of the Assembly • If resigns by writing to Deputy Speaker • If removed by a resolution passed by majority of all members |
| Upon Dissolution | Speaker continues in office until immediately before the first meeting of the new Assembly |
| Removal Process | Resolution must be passed by majority of all then members; 14 days' notice required |
| Role | Presides over Assembly proceedings; maintains order and discipline; decides on disqualification matters (under Tenth Schedule) |
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