With reference to the Speaker of the Lok Sabha, consider the following

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

1. He/She shall not preside.
2. He/She shall not have the right to speak.
3. He/She shall not be entitled to vote on the resolution in the first instance.

Which of the statements given above is/are correct ?

1 only

1 and 2 only

2 and 3 only

1, 2 and 3

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC IAS – 2024

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Statement 1 is correct: Article 96(1) of the Constitution of India 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. Statement 2 is incorrect: Article 96(2) explicitly states that the Speaker shall have the right to speak in and otherwise take part in the proceedings. Statement 3 is incorrect: Article 96(2) states that the Speaker shall be entitled to vote only in the first instance on such resolution or any other matter during such proceedings but not in the case of an equality of votes. This means they can vote in the first instance, unlike the general rule where the Speaker only votes in case of a tie (casting vote) when presiding. The statement says they shall *not* be entitled to vote in the first instance, which is the opposite of the constitutional provision.

– The procedure for the Speaker’s removal is laid down in Article 96 of the Constitution.
– The Speaker cannot preside when their removal resolution is being considered.
– The Speaker retains the right to speak and participate in the debate.
– The Speaker can vote in the first instance on such a resolution.

The provisions ensure that the Speaker, while facing a potential removal, has the opportunity to defend themselves in the House, but cannot use the chair’s power to influence the process. The right to vote in the first instance is a specific exception to the normal rule of the Speaker’s casting vote.

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