Need larger Bench to examine ‘impartiality’ of Speakers under Tenth Schedule: Uddhav Thackeray to Constitution Bench

The Constitution Bench is hearing a series of petitions following the political crisis which rocked Maharashtra when current Chief Minister Eknath Shinde and his camp of followers rebelled against Mr. Thackeray

Former Maharashtra Chief Minister Uddhav Thackeray on Tuesday said in the Supreme Court that the “artful” dodges legislators employ to subvert the Tenth Schedule (anti-defection law) to bring down governments in crucial States and the “sweeping discretion” available to Speakers in deciding cases of disqualification of legislators need a relook by a larger Bench of seven judges.

Appearing before a five-judge Bench led by Chief Justice of India D.Y. Chandrachud, senior advocate Kapil Sibal, for Mr. Thackeray, said legislators were using the anti-defection law to “serve the cause of political immorality”.

The Constitution Bench is hearing a series of petitions following the political crisis which rocked Maharashtra when current Chief Minister Eknath Shinde and his camp of followers rebelled against Mr. Thackeray and eventually brought down the Maha Vikas Aghadi government in early 2022.

Mr. Sibal referred to how legislators facing disqualification under the Tenth Schedule were now issuing notices of removal against the Speaker/Deputy Speaker. “When such a notice is issued to the Speaker or Deputy Speaker for his removal, he cannot act as a Tribunal under the Tenth Schedule… This has now become a device legislators under fire employ to stall their disqualification. Meantime politics takes over. The government falls. A new Chief Minister is appointed with the support of the rebel legislators. A new Speaker is installed and the disqualification proceedings are in limbo…,” Mr. Sibal submitted.

Mr. Shinde and 15 legislators were issued notices by then Deputy Speaker Narhari Zariwal in the disqualification petition filed against them by the Thackeray camp. However, the legislators responded by sending Mr. Zariwal notice for his removal.

Mr. Sibal said legislators were taking shelter under the 2016 judgment by a five-judge Bench of the Supreme Court in the Nabam Rebia case.

The Nabam Rebia judgment held that a Speaker or a Deputy Speaker facing notice of removal cannot decide disqualification proceedings against legislators. “So what happens is notice of removal is issued against the Speaker/Deputy Speaker just a day or so before the session ends. Thus, he cannot function as a Tribunal under the Tenth Schedule…,” Mr. Sibal explained.