GS 2: Polity

Speaker cannot be indecisive on pleas over defection: SC, Pg 1

Practice MCQs

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  • Supreme Court observed that Speakers cannot indefinitely delay decisions on disqualification pleas under the Tenth Schedule.

    • A constitutional court can direct a Speaker to act within a reasonable period, though not dictate the decision itself.
  • Case relates to 10 BRS MLAs who defected in Telangana.

    • Bench led by Justice B.R. Gavai emphasized the need to preserve the spirit of the anti-defection law.
  • Constitution does not specify exact timelines for decision on disqualification.

    • SC stressed that judicial inaction would render courts powerless if Speakers remained indecisive.
  • Petitioners: Delay defeats the law's purpose.

    • Respondents: Speakers decision cannot be time-bound by courts.
  • SC's stance reinforces the checks and balances needed for fair legislative conduct.

    • Calls for statutory timelines to prevent misuse of Speakers discretion.

Mains Mock Question:

"Critically evaluate the role of the Speaker under the Tenth Schedule. Should courts have the power to direct timely decisions on disqualification petitions?"

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