The Supreme Court on Thursday directed the Speaker of the Telangana Legislative Assembly to resolve the disqualification petitions concerning MLAs who switched allegiance from Bharat Rashtra Samithi (BRS) to the opposition Congress party.
The court mandated that the Speaker must complete this process swiftly, no later than 3 months from now.
A bench led by Chief Justice of India BR Gavai, along with Justice K Vinod Chandran, emphasized that the Speaker should not permit any delays caused by MLAs trying to stall the disqualification proceedings. The bench warned that if any such attempts are made, the Speaker should treat them unfavorably.
Background
This order arose from an appeal filed by the BRS MLAs against a Telangana High Court division bench decision, which had overturned an earlier single-judge ruling that set a timeline for the Speaker to act on the disqualification petitions.
The Supreme Court reinstated the single judge’s timeline, stating that there was no reason to interfere with the directive fixing a deadline for the Speaker’s decision.
Reflections On Parliamentary Role
While the Court acknowledged that it cannot offer advisory opinions, it highlighted that it is Parliament’s prerogative to examine whether the current mechanism—where the Speaker or Chairman handles disqualification cases under the Tenth Schedule—is effective in deterring political defections.
The Court remarked, “Protecting the very foundations and values of our democracy demands a reassessment of whether the present framework is adequate. Yet, it remains a matter for Parliament to decide.”
Avoiding Procedural Delays
The Court underscored that withholding directions from the Speaker would defeat the purpose of the anti-defection provisions. The bench warned, “Not giving any direction would amount to allowing the Speaker to repeat the much-criticized scenario of ‘operation successful, patient died.’”
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