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
- He/She shall not preside.
- He/She shall not have the right to speak.
- He/She shall not be entitled to vote on the resolution in the first instance.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 1 — 1 only
Article 96 of the Indian Constitution governs the conduct of the Speaker during the consideration of their removal resolution. The Speaker is barred from presiding over the House during such proceedings but retains all other rights as a member, including the right to speak and vote in the first instance.
✅ Statement 1 (Presiding Restriction) – Correct: Under Article 96(1), the Speaker shall not preside over the House while a resolution for their removal is under consideration, even if present.
❌ Statement 2 (Right to Speak) – Incorrect: Under Article 96(2), the Speaker retains the right to speak and participate in the proceedings of the House during the consideration of the removal resolution.
❌ Statement 3 (Voting Rights) – Incorrect: According to Article 96(2), the Speaker is entitled to vote in the first instance on the resolution; they only lose the casting vote (second vote to break a tie) in this scenario.
📝 Short Notes: Speaker of Lok Sabha and Removal Process
- Election: The Speaker is elected by the members of Lok Sabha from amongst themselves, usually from the majority party, immediately after the constitution of a new House.
- Constitutional Provisions: Articles 93-96 deal with the Speaker and Deputy Speaker of the Lok Sabha, including their election, removal, and powers.
- Removal Process: A resolution for removal requires 14 days' notice and must be passed by a majority of all the then members of the House (not just those present and voting).
- Presiding Restrictions (Article 96(1)): During the consideration of a removal resolution, the Speaker cannot preside but may remain present in the House.
- Member Rights (Article 96(2)): The Speaker retains the right to speak and participate in proceedings, and can vote in the first instance but not exercise a casting vote on their own removal resolution.
- Neutrality Expectation: After election, the Speaker is expected to sever ties with their political party and maintain impartiality in conducting House proceedings.
- Powers and Functions: The Speaker maintains order in the House, decides on questions of privilege, certifies Money Bills, and exercises various administrative and disciplinary powers.
| Aspect | Details |
|---|---|
| Constitutional Provision | Articles 93-96 |
| Election Method | Elected by Lok Sabha members from amongst themselves |
| Removal Notice Period | 14 days |
| Removal Majority Required | Majority of all then members of the House |
| Presiding During Removal | Cannot preside (Article 96(1)) |
| Right to Speak During Removal | Yes, retained (Article 96(2)) |
| Voting Rights During Removal | Can vote in first instance, no casting vote (Article 96(2)) |
| Tenure | Usually continues for the full term of the House (5 years) |
Question 2 of 5 Lok Sabha
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