SC Questions Speaker’s Timeline for Disqualification Petitions

Why in News ?

The Supreme Court is examining whether constitutional courts can mandate a time limit for Speakers to decide disqualification petitions under the anti-defection law. The case arises from delays in ruling on BRS MLAs’ defection to Congress in Telangana.

SC Questions Speaker's Timeline for Disqualification Petitions

About the Supreme Court’s Question on Timely Decisions:

  • The Supreme Court questioned whether constitutional courts can direct Speakers, acting as quasi-judicial tribunals under the anti-defection law, to decide disqualification petitions within a specific time frame.
  • A Bench led by Justice B.R. Gavai is hearing petitions from Bharat Rashtra Samithi (BRS) leaders, seeking timely action by the Telangana Assembly Speaker on disqualification cases of 10 MLAs who switched to the ruling Congress.
  • Until now, the apex court has only urged Speakers to decide such pleas within a “reasonable time” without specifying the duration.
  • Justice Gavai emphasized that constitutional courts serve as “custodians of the Constitution” and questioned their power to direct Speakers to fulfill their mandate.

Concerns Over Speaker’s Discretion and Delays

  • Senior advocate C.A. Sundaram argued that courts may lack authority to impose a timeline, highlighting political biases in Speakers’ decisions.
  • He noted that, unlike India, the UK Speaker’s role is apolitical.
  • The court acknowledged concerns that disqualification petitions are often delayed until the end of a legislative term, undermining the anti-defection law‘s purpose.
  • Justice A.G. Masih commented on India’s vibrant democracy, while Justice Gavai remarked on Maharashtra’s recent political experiences.

Judicial Review and Suggested Timeframe

  • Sundaram asserted that courts hold judicial review power over Speakers, ensuring they act within constitutional limits.
  • While courts cannot block a Speaker’s powers, they can mandate timely decisions.
  • Senior advocate Dama Seshadri Naidu proposed a four-week deadline for Speakers to resolve disqualification petitions.

Understanding Anti-Defection Law – 10th Schedule of the Indian Constitution:

  • The 10th Schedule, known as the Anti-Defection Law, was added by the 52nd Amendment Act, 1985 to prevent political defections.
  • It aims to curb opportunistic party switching for personal gains.
  • The law applies to both Parliament and State Assemblies.
  • It was strengthened in 2002 to make disqualifications more effective.

Grounds for Disqualification

  • Voluntarily giving up party membership.
  • Voting or abstaining against the party’s directions.
  • Independent members joining a party.
  • Nominated members joining a party after six months.

Authority for Disqualification

  • The Speaker/Chairman decides on disqualification matters.
  • Their decision is final and treated as legislative proceedings.