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SC for curbs on powers of Speakers
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- SC recently asked Parliament to amend the Constitution to strip Legislative Assembly Speakers of their exclusive power to decide whether legislators should be disqualified under anti-defection law.
More in news
- The Petition: Appeal was filed by a Congress legislator against the Manipur Assembly Speaker for the disqualification of a Minister, who after contesting in the Congress ticket, switched sides to favour the BJP.
- Judgement stated that:
(1) Speaker as final arbitrator: Why a Speaker, who is a member of a particular political party and an insider in the House, should be the “sole and final arbiter” in the disqualification of a political defector.
(2) Tribunal Needed to Decide Disqualification: An independent tribunal ought to be appointed instead to determine the fate of an MP or an MLA who has switched sides for money and power.
- Other Remarks by the SC:
(1) Time to Rethink: It is time Parliament had a rethink on whether disqualification petitions ought to be entrusted to a Speaker as a quasi-judicial authority when such Speaker continues to belong to a particular political party either de jure or de facto.
(2) For ‘outside’ authority:
(a) Why disqualification proceedings under the Tenth Schedule (anti-defection law) should be kept in-house and not be given to an “outside” authority.
(b) Even the final authority for removal of a judge is outside the judiciary and in Parliament, it reasoned
- Second time in Second Month:
(1) This is second time in as many months that the court has highlighted the issue of taking away the disqualification power under the Tenth Schedule from Speakers.
(2) Karnataka MLA Disqualification case: In a 109-page judgment by a three-judge Bench, in the Karnataka MLAs’ disqualification case, the court had held that a Speaker who cannot stay aloof from the pressures and wishes of his political party does not deserve to occupy his chair.
(3) Strengthening the 10th Schedule: This judgment of Nov last, also urged Parliament to “reconsider strengthening certain aspects of the Tenth Schedule, so that such undemocratic practices are discouraged”.
Sources
The Hindu