Rajasthan Assembly Speaker says will approach SC to avert 'constitutional crisis'
Jul 22, 2020
Jaipur (Rajasthan) [India], July 22 : Rajasthan Assembly Speaker CP Joshi on Wednesday announced that he will file a special leave petition (SLP) in Supreme Court saying, that he took the decision to prevent a constitutional crisis in the state.
"Speaker has the complete authority to send a show-cause notice. I have asked my counsel to file an SLP in the Supreme Court. Before we head towards a constitutional crisis, I decided to file the SLP," said Rajasthan Assembly Speaker CP Joshi.
"Speaker's responsibilities are well defined by the Supreme Court and Constitution. As the Speaker, I got an application and to seek information on it, I issued a show-cause notice. If show cause notice will not be issued by the authority, then what is the work of authority," he added.
This comes after the Rajasthan High Court on Monday had said that it would hear the petition filed by Pilot and 18 of his loyalist MLAs on July 24, against the disqualification notices issued against them.
Joshi said this is the first that efforts are being made to circumvent the authority within the law.
"It is the job of the Speaker to issue the notice and not to arrive at the judgment. This is only a show-cause notice. No decision has been taken yet," he said.
He said that from 1992 onwards, no court has overturned the decision in matters pertaining to Anti defection law made by the Assembly Speaker.
"Law is made by the Lok Sabha and Rajya Sabha and the Supreme Court does the job of interpreting. In 1992, it was decided how the Anti defection law will function. And it was decided the Speaker will only decide the matter," he added.
He further said that in Parliamentary democracy, the role of the constitutional authority is defined "and one who gets elected occupies that position."
"You must remember after 'Aaya Ram, Gaya Ram' case, an amendment was made in the constitution. Following which, SC established the process of disqualification and the authority who will take the decision. And it was decided that the Speaker will be responsible for the disqualification," he added.
The political situation in Rajasthan is in turmoil after Chief Minister Ashok Gehlot sacked his then-deputy Sachin Pilot and the latter's confidants from his council of ministers.
The Congress has also claimed that BJP was trying to buy its party MLAs.
