Role of Speaker, Deputy Speaker in disqualifying MLAs: Here's what the law says

Here's what the law says about the role of a Speaker or a Deputy Speaker in disqualifying MLAs.

The rebel camp led by Eknath Shinde argued before the Supreme Court that the Deputy Speaker of Maharashtra Assembly cannot conduct any disqualification proceedings until the motion seeking his removal is pending.

Advocate Neeraj Kishan Kaul, appearing for Shinde, argued that the Deputy Speaker cannot disqualify any member under the Tenth Schedule of the Constitution.

Supreme Court Justice Surya Kant also questioned how can the "Deputy Speaker be the judge of his own court". According to law, one cannot be a judge in one's own cause. There is a no trust vote pending against Maharashtra Deputy Speaker Narahari Zirwal.

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So what does the law say about the role of a Speaker or a Deputy Speaker in disqualifying MLAs?

Article 179 of the Constitution speaks about removal of a Speaker or Deputy Speaker Clause c of Article 179 states that a Speaker or Deputy Speaker may be removed from his office by a resolution of the Assembly passed by a majority of all the then members of the Assembly.

Article 180 of the Constitution gives the Deputy Speaker the power to conduct the duties of the Speaker when the Speaker’s chair is vacant. This includes the power to conduct disqualification proceedings under the Tenth schedule.