Speaker can't be denuded of his powers under the 10th Schedule: Uddhav Thackeray camp tells SC
Feb 14, 2023
New Delhi [India], February 14 : The Uddhav Thackeray camp of Shiv Sena on Tuesday told the Supreme Court that a mere notice for the resolution to remove a Speaker cannot denude him of his powers to act under the Tenth Schedule of the Constitution - providing to curb defection.
Senior advocate Kapil Sibal appearing for Uddhav Thackeray camp told a bench of five-judge Constitution bench of Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha that the subterfuge of disabling a Speaker vis-a-vis tenth schedule by giving notice for his removal while shifting political loyalties cannot be allowed for the toplining government as it has happened in a number of instances.
Irrespective of the political colour of the party in power, the ground reality is Speaker is a political person and acts politically and when it comes to enforcing the tenth schedule process gets expedited and when it comes to the ruling party, it crawls, Sibal told the bench.
Notwithstanding the ground realities that Speaker always belongs to a political party and invariable his actions are politically coloured, Sibal said that under the scheme of the Constitution, he cannot be disabled from acting under the anti-defection law merely because a notice for resolution for his removal is pending, while he continuing to discharge all other function.
Senior advocate Harish Salve will advance his arguments tomorrow on behalf of Chief Minister Eknath Shinde's camp opposing revising of the top court judgment in the Nabam Rabia case relating to 2016 political upheavals in Arunachal Pradesh.
On July 13, 2016, a five-judge Constitution bench of the Supreme Court in the Nabam Rebia case held that Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending.
The apex court hears arguments on whether the matter is heard by a seven-judge bench or by a five-judge bench. Sibal appearing for the Thackeray faction had told the bench that he wanted to argue on the need for a seven-judge bench to hear the case.
A five-judge Constitution bench was hearing a batch of petitions filed by rival factions Uddhav Thackeray and Chief Minister Eknath Shinde in relation to the Maharashtra political crisis.
