The Supreme Court on Tuesday in an important ruling asked the Parliament to rethink on the power of the Speaker in deciding disqualification petitions, as the member continued to belong to a particular political party.
A bench headed by Justice Rohinton Fali Nariman said Parliament may "seriously consider" amending the Constitution to substitute the Speaker of the Lok Sabha and Legislative Assemblies as an arbiter of disputes concerning disqualification and suggested a permanent Tribunal headed by a retired Supreme Court Judge or a retired Chief Justice of a High Court.
The judgment of the apex court while deciding the plea relating to the disqualification case of Forest and Environment Minister Th Shyamkumar of Manipur.
The apex court has asked the Speaker of Legislative Assembly of Manipur to take a decision on Shyamkumar's disqualification within four weeks.
"It is time for the Parliament to rethink on whether disqualification petitions ought to be entrusted to a Speaker as a quasi-judicial authority when such Speaker continues to belong to a particular political party either de jure or de facto," the top court said.
"Parliament may seriously consider amending the Constitution to substitute the Speaker of the Lok Sabha and Legislative Assemblies as arbiter of disputes concerning disqualification which arise under the Tenth Schedule with a permanent Tribunal headed by a retired Supreme Court Judge or a retired Chief Justice of a High Court, or some other outside independent mechanism to ensure that such disputes are decided both swiftly and impartially, thus giving real teeth to the provisions contained in the Tenth Schedule, which are so vital in the proper functioning of our democracy," the verdict added.
The court was hearing the petition filed by Congress MLA Keisham Meghachandra seeking disqualification of Shyamkumar after similar petitions filed at the High Court of Manipur were disposed of citing jurisdictional issue.
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Shyamkumar was elected to 11th Manipur Legislative Assembly from Andro AC on a Congress ticket in 2017 and later joined the BJP without resigning from Congress and helped BJP form a coalition government. He was sworn in as a Minister in the BJP-led coalition government.
Congress MLAs had filed applications for the disqualification of Shyamkumar before the Speaker of the Manipur Legislative Assembly but no action was taken.
The apex court deciding the issue said it can't quash the appointment of Shyamkumar as a minister of a cabinet led by a BJP government, as disqualification under the Tenth Schedule from being an MLA and consequently minister must first be decided by the exclusive authority (the Speaker of the Legislative Assembly).
It also said the disqualification petition can't be decided by this Court in these appeals given the inaction of the Speaker.
"The only relief that can be given in these appeals is that the Speaker of the Manipur Legislative Assembly be directed to decide the disqualification petitions pending before him within a period of four weeks from the date on which this judgment is intimated to him. In case no decision is forthcoming even after a period of four weeks, it will be open to any party to the proceedings to apply to this Court for further directions/reliefs in the matter," the apex court said.
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