Question
Which of the statements given below is/ are
correct? 1. The Speaker immediately vacates his/her office whenever the State Legislative Assembly is dissolved. 2. No Member of a State Legislative Assembly shall be liable to any proceeding in any court in respect of anything said or any vote given by him/her in the legislature. Select the correct answer using the code given below:Solution
1. Statement 1 — “The Speaker immediately vacates his/her office whenever the State Legislative Assembly is dissolved.” This is incorrect. Article 179 of the Constitution (provisions for Speaker/Deputy Speaker of a State Assembly) expressly provides that whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution. In short: the Speaker continues in office after dissolution and remains until the new Assembly meets (or a new Speaker is elected). 2. Statement 2 — “No Member of a State Legislative Assembly shall be liable to any proceeding in any court in respect of anything said or any vote given by him/her in the legislature.” This is correct. Article 194(2) of the Constitution grants immunity: no member of a State Legislature shall be liable to any court proceedings for anything said or any vote given in the legislature or its committees (this is the state-level counterpart of Article 105 for Parliament). This protects freedom of speech in the House and the legislative process. Therefore, only statement 2 is correct → Option B.
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