Why in news
The Supreme Court is considering if constitutional courts can direct Speakers to decide disqualification petitions under the anti-defection law within a specified period.
The case involves Bharat Rashtra Samithi leaders seeking timely action by the Telangana Assembly Speaker on disqualification proceedings against 10 MLAs who shifted allegiance to the ruling Congress.
Court’s Role
Previously, the Court had urged Speakers to decide anti-defection cases within a “reasonable time” but did not define what constitutes "reasonable."
The Court is now questioning if it can enforce a specific timeline for the Speaker's decision-making.
Senior advocates argue that political partisanship influences Speakers' decisions.
A comparison was made with the U.K., where the Speaker is expected to step away from active politics before assuming the role.
Petitioners Arguments
The petitioners argue that disqualification petitions are often delayed until the end of the House's tenure, undermining the anti-defection law.
They suggest the Court should ensure Speakers decide cases within a reasonable time, proposing four weeks as an appropriate period for such decisions.
The petitioners argue that while courts cannot prevent the Speaker from exercising their powers, they can direct them to use their constitutional authority and ensure timely decisions.
COMMENTS