Question

Consider the following statements:
1. The Speaker of Lok Sabha has the power to adjourn the House sine die but, on prorogation, it is only the President who can summon the House.
2. Unless sooner dissolved or there is an extension of the term, there is an automatic dissolution of the Lok Sabha by efflux of time, at the end of the period of five years, even if no formal order or dissolution is issued by the president.
3. The speaker of Lok Sabha continues in office even after the dissolution of the House and until ‘Immediately before the first meeting of the House’.
Which of the statements given above are correct?

a. 1 & 2
b. 2 & 3
c. 1 & 3
d. 1,2 & 3

Answer 1

Hint:
- At the end of the business of a session, the speaker declares adjournment sine die, meaning that the house is adjourned for an indefinite duration.
- Since Rajya Sabha is the permanent house and Lok Sabha is not, Dissolution is subject only to the Lok Sabha
- The first meeting of the newly elected Lok Sabha is chaired by a provisional Speaker, known as the Speaker Pro Tem.

Complete solution:

Statement 1: The Speaker of Lok Sabha has the right to adjourn the House sine die, but upon prorogation it is only the President who can call the House.

- At the end of the business of a session, the speaker declares adjournment sine die, meaning that the house is adjourned for an indefinite duration.
- The president then declares the prorogation.
- Prorogation means the termination by an order made by the President under Article 85(2)(a) of the Constitution of a session of the House.
- Summoning is the mechanism by which all members of Parliament are called to meet.
- It is the Indian President's responsibility to convene every House of Parliament from time to time.

Statement 2: The automatic dissolution of the Lok Sabha shall take place at the end of the five-year term, unless dissolved earlier or prolonged, even if no formal order or dissolution is issued by the President.

- A dissolution ends the very life of the current House, and after general elections, a new House is created.
- The permanent House of Rajya Sabha is not subject to dissolution.
- Dissolution is subject only to the Lok Sabha.
- The Lok Sabha's dissolution will take place in one of two ways:
1. Automatic dissolution: five years after the expiry of its tenure or the terms as extended in the course of a national emergency.
2. Order of the President:
- If the President is approved by the Cabinet of Ministers, he may dissolve Lok Sabha before the end of his term of office.
- If the Cabinet of Ministers loses confidence and no party can form the government, he may also dissolve Lok Sabha.
- The dissolution is irrevocable until the Lok Sabha is dissolved before the end of its usual term.

Statement 3: Even after the dissolution of the House and until 'Immediately before the first meeting of the House', the Speaker of Lok Sabha remains in office.

- The Speaker continues to hold office until shortly before the first meeting of the newly elected Lok Sabha, following the dissolution of the Lok Sabha.
- Although the speaker ceases to be a member of the Lok Sabha, on the dissolution of the House, he/she does not vacate the office.
- Immediately prior to the first sessions of the newly elected Chamber, the speaker vacates the office.
- The first meeting of the newly elected Lok Sabha is chaired by a provisional Speaker, known as the Speaker Pro Tem.
- Only in this first meeting shall the permanent speaker of the Lok Sabha be unanimously chosen.

Hence, the correct answer is option D.

Note:
- The incumbent Speaker who presides over the 17th Lok Sabha is Om Birla of the Bharatiya Janata Party.
- The minimum threshold (10% of seats) to claim the position of Leader of the Opposition was not achieved by any opposition party.
- At 14 per cent, the 17th Lok Sabha has the most female members.