Supreme Court calls for reconsideration of Speaker's powers in defection cases

NEW DELHI: The Supreme Court has stated that Parliament should reconsider the authority granted to the Speaker to decide on disqualification petitions related to defection by legislators. The court also directed that the Speaker must decide within three months on the disqualification petitions filed against ten BRS MLAs who defected to the Congress in Telangana. The apex court gave the directive while hearing a plea filed by BRS leaders against the defectors.

A bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih expressed displeasure over the delay in deciding such disqualification cases. As per the Tenth Schedule of the Constitution, also known as the Anti-Defection Law, the Speaker is empowered to make decisions on these matters. The court observed that this provision was intended to ensure swift decisions on disqualification petitions, preventing prolonged court proceedings. Highlighting the tendency of delays, the bench questioned whether the current mechanism is adequate and stated that it is for Parliament to take a call on this issue.

Threat to democracy

The Supreme Court observed that political defections pose a threat to the survival of democracy. The Speaker, while deciding on disqualification petitions, functions in the capacity of a tribunal and does not enjoy constitutional immunity during this period. The Speaker’s decisions are subject to judicial review, and it is his responsibility to act swiftly without burdening the courts. The court added that the Speaker cannot keep matters pending until the assembly term expires, stressing that situations akin to “operation successful, but the patient died” must be avoided.

The apex court also criticised the Telangana High Court for not setting a timeline for the Speaker to decide on the disqualification petitions.