Power of Speaker

WHY IN NEWS?

The Supreme Court has asked the Parliament to amend the Constitution to strip Legislative Assembly Speakers of their exclusive power to decide whether legislators should be disqualified or not under the anti-defection law.

ABOUT SUPREME COURT SUGGESTION

• The SC has suggested that 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.
• In a judgment by a three-judge Bench led by Justice N.V. Ramana 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. This also urged Parliament to “reconsider strengthening certain aspects of the Tenth Schedule, so that such undemocratic practices are discouraged”.
• Disqualification petitions under the Tenth Schedule should be adjudicated by a mechanism outside Parliament or the Legislative Assemblies, it suggested.
• The court also suggested a permanent tribunal headed by a retired Supreme Court judge or a former High Court Chief Justice.

DISQUALIFICATION UNDER THE TENTH SCHEDULE

• The Anti-Defection Law was passed in 1985 through the 52nd amendment to the Constitution.
• It added the Tenth Schedule to the Indian Constitution.
• According to it, a member of a House belonging to any political party becomes disqualified for being a member of the House, if:
• He voluntarily gives up his membership of such political party; or
• He votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.
• An independent candidate joins a political party after the election.
• A nominated member joins a party six months after he becomes a member of the legislature.
• In case of disqualification on grounds of defection, the matter will be decided by speaker or chairman or Rajya Sabha as the case may be.
• In cases other than defection any dispute about the disqualification of a Member of Parliament shall be referred to the President, who will take a decision on the advice of the Election Commission and decision shall be final according to the article 103.

Exceptions to the disqualification on the ground of defection:

• If a member goes out of his party as a result of a merger of the party with another party. A merger takes place when two-thirds of the members of the party have agreed to such merger.
• If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office.

Prelims Question

Q. Consider the following statements and select the correct ones:
1.The 52nd amendment to the Constitution added the Tenth Schedule to the Indian Constitution.
2.In case of disqualification on grounds of defection the matter shall be referred to the President, who will take a decision on the advice of the Election Commission and decision shall be final.
Which of the statements given above is/are correct?
a)1 only
b)2 only
c)Both 1 and 2
d)Neither 1 nor 2

Answer to the Prelims Question