NEW DELHI – India’s Supreme Court asserted its authority over state assembly speakers on Wednesday, stating they cannot indefinitely delay decisions on petitions seeking the disqualification of defecting legislators. A bench headed by Justice B.R. Gavai emphasized that the court is not “powerless” to intervene if a speaker remains “indecisive,” and that such inaction undermines the purpose of the Tenth Schedule of the Constitution, the anti-defection law.
The court is hearing petitions from Bharat Rashtra Samithi (BRS) leaders, including K.T. Rama Rao, who are seeking timely action from the Telangana Assembly Speaker regarding 10 MLAs who switched allegiance to the ruling Congress party. The central question is whether courts can mandate a “specified and reasonable period” for speakers, acting as quasi-judicial tribunals, to decide on disqualification petitions.
“Your argument is that if a Speaker does not act, courts… would be powerless?” Justice Gavai asked respondents, including the Telangana government and assembly speaker. Respondents, represented by senior advocates Mukul Rohatgi and A.M. Singhvi, argued that while courts could request expeditious decisions, they could not impose strict deadlines, claiming a lack of “power of superintendence” over speakers.
However, Justice Gavai countered that the court’s “request” to expedite decisions was not merely a suggestion. “If the Supreme Court’s ‘request’ is followed in breach… we are not powerless,” he said, referencing the court’s extraordinary powers under Article 142 of the Constitution.
The court also questioned the “reasonable period” argument, noting the Telangana Speaker only issued notices in January regarding petitions filed in March-April 2024.
Petitioners argued that political partisanship often influences speakers, and that courts should ensure decisions are made within a timeframe consistent with the Tenth Schedule’s intent. The Supreme Court has previously intervened to urge speakers to expedite decisions on long-pending disqualification petitions.
