SC Slams Speaker's Prolonged Inaction on Defection Petitions

The Supreme Court on Wednesday took a strong stand against prolonged inaction by Speakers in deciding disqualification petitions under anti-defection law, asserting that it cannot remain "a mute spectator" to a "naked dance of democracy" with its "hands tied at the back."

- Utkarsh Anand

NEW DELHI:

A bench of Justices Bhushan R Gavai and AG Masih emphasized that the judiciary has not just the power but also a duty to ensure that the Tenth Schedule, which curbs political defections, is not reduced to a dead letter.

The court made these remarks while hearing a case related to the disqualification of BRS MLAs from Telangana who defected to the ruling Congress. The petitions, pending before the Speaker for an extended period, prompted the bench to question whether courts should remain powerless if no action is taken for years.

During the hearing, the bench directly confronted senior advocate Mukul Rohatgi, representing the Telangana Assembly speaker, who argued that courts have no power of superintendence over the Speaker. Rohatgi contended that judicial review is only permissible after a decision is made and that courts cannot intervene in the Speaker's discretion before a ruling.

"So, your argument is that this court should tie its hands and look at the naked dance of democracy and erosion of values?" the bench remarked.

Disagreeing with Rohatgi's submission that the judiciary cannot issue any direction to the Speaker, the bench noted that past judgments have clearly established that Speakers act as tribunals in disqualification cases and are subject to judicial review.