Speaker not doing his job, giving final opportunity says top court

Speaker not doing his job, giving final opportunity says top court

Subject :Polity

Section: Parliament

Context: Supreme Court gives ‘final opportunity’ to Maharashtra Speaker to give ‘realistic’ timeline to decide disqualification pleas

More about the news:

• The Supreme Court has given the Speaker of the Maharashtra Legislative Assembly, Rahul Narwekar, a final chance to provide a realistic timeline for resolving disqualification petitions stemming from a rift within the Shiv Sena political party.
• The Court expressed displeasure over the delay in these cases and noted that the Speaker, acting as a tribunal in these proceedings, is subject to the Court’s jurisdiction.
• Previously, a Constitution bench had emphasized the need for expedited resolution of disqualification petitions, and the Court insisted on a more reasonable schedule.
• The next hearing is scheduled for October 30, with the Solicitor General agreeing to work with the Speaker to establish clear modalities for swift resolution.

What is the Anti-Defection Law:

• Defection, in the context of politics, pertains to the act of changing one’s political allegiance. It specifically involves a member of a political party leaving their party to either join another party or become an independent representative.
• Anti-defection Law in India was enacted in 1985 through the 52nd Amendment Act of 1985 as part of the Tenth Schedule of the Constitution of India.
• Anti-defection laws aim to prevent or discourage defection by imposing penalties on politicians who switch parties or otherwise violate party discipline.

What are the important provisions of the Anti-Defection Law:

• Disqualification: 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 a political party; or
  • If 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 his abstention from voting should not be condoned by his party or the authorized person within 15 days of such incident.
• Independent Members: An independent member of a House becomes disqualified from remaining a member of the House if he joins any political party after such an election.
• Nominated Members: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date he takes his seat in the House.
• Exceptions: The above disqualification on the ground of defection does not apply in the following two cases:
  • Merger: If a member goes out of his party due to 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 a merger.
  • Presiding Officer: 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. This exemption has been provided in view of the dignity and impartiality of this office. 
• Deciding Authority: The Speaker of the House or the Chairman of the Legislative Council, as the case may be, has the authority to decide on questions relating to defection, and his or her decision is final and cannot be challenged in any court.
• Rule-Making Power: The presiding officer of a House is empowered to make rules to give effect to the provisions of the Tenth Schedule. According to the rules made so, the presiding officer can take up a defection case only when he receives a complaint from a member of the House. 
• Role of Whip:  The whip is responsible for communicating the party’s position to its members and ensuring they vote in line with that position. In the case of a member defying the whip and voting against the party’s official position, they may be subject to disciplinary action under the anti-defection law.