With reference to the Speaker of the Lok Sabha, consider the following statements. While any resolut

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Question

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?

Accepted Answer

Correct Answer: A — 1 onlyStep-by-step Solution:The rules governing the Speaker's conduct during a removal resolution are clearly laid down in the Constitution and the Rules of Procedure of the Lok Sabha.Statement 1 — Speaker shall not preside: This is correct. Article 94 and the Rules of Procedure provide that when a resolution for the removal of the Speaker is under consideration of the House, the Speaker cannot preside over the sitting of the House, though they may be present. The Deputy Speaker (or any other Member appointed for the purpose) takes the chair. This is a fundamental rule of natural justice — no one should be a judge in their own cause. ✓Statement 2 — Speaker shall not have the right to speak: This is incorrect. Even though the Speaker cannot preside during the debate on a removal resolution, they do retain the right to speak in the House at such a time. The Speaker may address the House, defend their record, and participate in the proceedings as a Member. This right to speak in their own defence is specifically preserved. ✗Statement 3 — Speaker shall not vote in the first instance: This is also incorrect. The Speaker retains the right to vote in the first instance on the removal resolution — just like any other Member. Normally, the Speaker does not vote unless there is a tie (casting vote). However, specifically on a resolution for their own removal, the Speaker can vote in the first instance. They cannot exercise a casting vote (second vote) in case of a tie on this particular resolution. ✗Why other options are incorrect:Option B (1 and 2 only): Incorrect. Statement 2 is wrong — the Speaker CAN speak during the removal proceedings.Option C (2 and 3 only): Incorrect. Both Statements 2 and 3 are wrong, and Statement 1 is correct.Option D (1, 2 and 3): Incorrect. Statements 2 and 3 are incorrect.Key Concept: Speaker of Lok Sabha — special rules during removal proceedings: Cannot preside (Statement 1 — correct); CAN speak and take part in proceedings (Statement 2 — wrong to say cannot speak); CAN vote in the first instance (Statement 3 — wrong to say cannot vote in first instance); CANNOT exercise casting vote in the case of equality of votes (if the removal resolution results in a tie, the Speaker cannot use a second/casting vote). This is an exception to the normal rule where the Speaker votes only in case of a tie (casting vote only). Removal of Speaker: By a resolution passed by effective majority (majority of all then members of Lok Sabha); 14 days' notice required; A sitting Speaker can be removed only when Lok Sabha is in session. The Speaker's chair is vacated by reason of dissolution only immediately before the first sitting of the new Lok Sabha.

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