The Supreme Court has in an interesting observation said Parliament should revisit the rationale of giving exclusive powers to the Speaker of Legislative Assemblies and Lok Sabha in deciding disqualification petitions. It brings into sharp focus the role of the Speaker vis-Ã -vis disqualification petition. It’s been an open secret that the Speaker’s neutrality in decision-making is invariably compromised since he belongs to a party, which is why an Independent tribunal deciding on such disqualification pleas could be a game-changer. The question that arises: Are the political powers game for this change?
The role of the Speaker is crucial when it comes to proceedings of the House, and a partisan approach could affect its democratic functioning. Apart from moderating debates and overseeing proceedings, the Speaker adjudicates on disqualification petitions moved by members of the Legislative Assembly from time to time. This is a major responsibility held by the Speaker, an outcome of which could, at times, make or break governments. By virtue of the Speaker being elected from the majority party, the ruling enjoys a definite advantage. It is a given that the chair will look at party interests. The trend of Speaker associating with the political parties and being actively involved in their functions and meetings clearly shows the leanings.
History paints a gloomy picture when it comes to deciding on disqualification petitions in Goa. Take the case of the August 2019 plea before Goa Speaker Rajesh Patnekar against the 10-member breakaway Congress group. The Congress petition praying disqualification of the breakaway 10-member group under Article 191(2) of the Constitution and Schedule X is in cold storage till now. The Speaker, who is a BJP MLA, held a preliminary hearing on October 15, but there is still no outcome on the petition. An earlier petition filed on May 3 by the breakaway MGP seeking disqualification of two of its breakaway members -- Manohar Ajgaonkar and Deepak Pauskar is also gathering dust. Back in 2007, senior Congressman Pratapsingh Rane who was the Speaker played to the advantage of the then chief minister Digambar Kamat while hearing a disqualification petition against the Dhavalikar brothers.
Speakers have used disqualification pleas as a double-edged sword against respondents, one which also keeps the Opposition guessing. It is used as a tool to ensure that legislators
in question don’t try further political maneouvres to upset
the ruling.
Since disqualification petitions are dragging on for years without outcomes, the 3-month period mooted by the Supreme Court will go a long way in checkmating a partisan political system. And with the Speaker’s role becoming partisan, the Apex Court’s observation appears justified that there needs to be an amendment to the 10th Schedule of the Constitution with an independent Tribunal deciding on issues of disqualification.
