His party's decision yesterday to punish him by expelling him for disobeying its whip over the recent trust vote may not affect him due to the immunity he enjoys by virtue of the constitutional post that he holds, they said.
Former Secretary General of Lok Sabha Subhash Kashyap said "The expulsion from the party does not affect his position as Speaker unless he himself chooses to resign. He could be removed by the Lok Sabha only."
Former Law Minister and senior advocate Shanti Bhushan echoed his views and said, "The Lok Sabha and only the Lok Sabha and can get rid of the Speaker."
Though Chatterjee preferred to retain CPI(M)'s membership at the time of his election as Speaker in 2004, he still does not fall in the same category as an MP who could face disqualification for voting or abstaining from voting contrary to the party whip, say experts.
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The Constitution shields the Speaker against disqualification from Parliament even if he resigns from his party -- a privilege not enjoyed by an ordinary MP, they said.
On being asked if a defiant Chatterjee, who was expelled by his party in the wake of his refusal to quit the Speaker's post before the trust vote, should resign from the post on moral grounds, they said the decision of the party has no bearing on him continuing as Speaker.
"Not at all. The House had elected him. How come the decision of the party would bind a person holding a constitutional post?," Bhushan asked.