A brewing storm over ‘defections’, Pg9

Key Highlights:

• Telangana Assembly Speaker G. Prasad Kumar dismissed disqualification petitions against five BRS MLAs accused of defecting to the Congress party after the December 2023 elections.
• The Speaker has kept in abeyance the decision on three MLAs and has not conducted hearings for two other MLAs.
• The Speaker questioned the locus standi of the petitioners (BRS legislators) in filing the disqualification petitions.
• BRS and BJP criticized the Speaker's decision, alleging it was influenced by the Chief Minister.
• The Speaker's action was influenced by a Supreme Court deadline to decide on disqualification proceedings against legislators in time.

Detailed Insights:

• The Speaker's observation questioned whether a disqualification petition against a sitting MLA alleging defection must be filed only by a person duly authorised and in writing by the party.
• The Speaker cited Rule 3(1)(a) of the Rules, 1986 and Rule 3(4), stating the petitioner did not specify their capacity or right of action, as they were neither a voter nor specifically authorized by the BRS party.
• The Speaker did not factor in the Supreme Court of India’s observation in Speaker of Odisha Legislative Assembly vs Utkal Keshari Parida regarding the locus standi of a non-member in submitting a disqualification petition.
• The Supreme Court had held that any person interested could bring to the Speaker's notice the fact that a Member of the House had incurred disqualification under the Tenth Schedule of the Constitution of India.
• The BRS plans to explore legal options, citing the Supreme Court’s observation that a State Assembly Speaker does not enjoy constitutional immunity while acting as an adjudicating authority in disqualification petitions.
• The Supreme Court has expressed the need for Parliament to review the expectation that Assembly Speakers would decide disqualification proceedings against legislators in time and without favor, to crush the “evil of political defection”.

Key Concepts Involved:

• Defection: The act of abandoning loyalty to one's party to join another.
• Locus Standi: The right or capacity to bring an action or to appear in a court.
• Tenth Schedule: Part of the Constitution of India that deals with the disqualification of legislators on grounds of defection.