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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
CONSTITUTION OF INDIA
The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next article in the series on constitutional provisions in order to aid our readers in understanding them.

 

94. "Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.- A member holding office as Speaker or Deputy Speaker of the House of the People -

(a) shall vacate his office if he ceases to be a member of the House of the People;

(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:

Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution.

Ambedkar stated that the article as it stood in the Draft Constitution was based on the principle that a person normally tendered his resignation to the person who had appointed him. Since the Speaker was appointed by the House he should tender his resignation to the House which being a collective body was represented by the Deputy Speaker. He felt this was the correct position in order that the House be independent of the executive authority exercised either through the President or the Government of the day.

The Speaker and the Deputy Speaker vacate their offices if they cease to be members of the House of the People or the Legislative Assembly, or by tendering a written resignation or if they are removed from office by a resolution passed by a majority of the then members of that House, provided that the resolution is moved after at least fourteen days' notice. When the House of the People or the Legislative Assembly is dissolved, the Speaker does not vacate his office until immediately before the first meeting of that House.

 
 
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