Which of the following statements regarding the powers of the Speaker of the House of the People is/are correct?
1. The Speaker’s conduct in regulating the procedure of maintaining order in the House will not be subject to the jurisdiction of any court.
2. Besides presiding over his/her own House, the Speaker possesses certain powers like presiding over a joint sitting of the two Houses of the Parliament.
3. While a resolution for his/her removal is under consideration, the Speaker shall preside but shall have no right to speak, and shall have no right of vote.
1, 2 and 3
1 and 2 only
2 and 3 only
1 only
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CAPF – 2013
The correct answer is B) 1 and 2 only. Statements 1 and 2 regarding the Speaker’s powers are correct, while statement 3 is incorrect.
– Statement 1: The conduct of the Speaker in regulating the procedure and maintaining order in the House is protected from judicial scrutiny. Article 122 of the Constitution states that the validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure, and no officer of Parliament (like the Speaker) in whom powers are vested for regulating procedure or conduct of business shall be subject to the jurisdiction of any court in respect of the exercise of those powers. This statement is correct.
– Statement 2: Article 118(4) of the Constitution provides that the Speaker of the House of the People shall preside over a joint sitting of the two Houses of Parliament. This statement is correct.
– Statement 3: Article 96 of the Constitution states that while a resolution for the removal of the Speaker is under consideration, the Speaker shall *not* preside at the sitting of the House, but shall have the right to speak in, and otherwise to take part in, the proceedings of the House. The Speaker shall 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 contradicts the statement that the Speaker shall preside and have no right to speak or vote. This statement is incorrect.