No consensus on limiting the Speaker’s powers

• IAS NEXT, Lucknow
• 20, Nov 2021

Reference News:

The All-India Presiding Officers’ Conference (AIPOC) ended recently with the delegates failing to reach a consensus on whether the Speaker’s powers under the Anti-Defection Law should be limited.

• However, the participants reiterated an earlier resolution that there should be no disruptions during Question Hour and the President’s and Governor’s address to the House.

Recommendations:

C.P. Joshi committee was formed in 2019 to examine the role of the Speaker in cases of disqualification on grounds of defection under the Tenth Schedule of the Constitution.

• The committee has advocated that the power to disqualify MPs and MLAs under the anti-defection law should also be given to political parties rather than limiting the power only for Lok Sabha and assembly speakers.

Need for a review:

The political situation when the anti-defection law was formed was different and the law needs to be reviewed factoring in the changes in the political situation.

Anti-defection law:

• In 1985 the Tenth Schedule, popularly known as the anti-defection law, was added to the Constitution by the 52nd Amendment Act.
• The purpose of the Amendment was to bring stability to governments by deterring MPs and MLAs from changing their political parties on whose ticket they were elected.
• The penalty for shifting political loyalties is the loss of parliamentary membership and a bar on becoming a minister.

When can a member be disqualified?

If a member of a house belonging to a political party:

1. Voluntarily gives up the membership of his political party, or
2. Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
3. If an independent candidate joins a political party after the election.
4. If a nominated member joins a party six months after he becomes a member of the legislature.

However, Legislators may change their party without the risk of disqualification in certain circumstances. Exceptions:

1. The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger.
2. On being elected as the presiding officer of the House, if a member, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office, he won’t be disqualified.

Decision of the Presiding Officer is subject to judicial review:

The law initially stated that the decision of the Presiding Officer is not subject to judicial review. This condition was struck down by the Supreme Court later, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court.

• However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.

Is there a time limit within which the Presiding Officer should decide?

• There is no time limit as per the law within which the Presiding Officers should decide on a plea for disqualification.