In an significant development related to the all important area of government formation as also the controversial office of the Speaker, the Supreme Court of India in a recent judgment has restored the membership of 16 disqualified MLAs, 11 of the ruling BJP and 5 Independents, citing the Karnataka Speaker's decision as “an act only on extraneous considerations.” The 16 MLAs were disqualified last year hours before Chief Minister B S Yeddyurappa was to seek confidence vote in the Assembly following their withdrawal of support to him. They were disqualified by Speaker K.G. Bopaiah on October 10, 2010, a day before the vote of confidence motion on October 11. Why this particular ruling is important for Nagaland is because a very similar situation had arisen a few years back wherein the Speaker of the Nagaland Legislative Assembly had disqualified a number of MLAs who had withdrawn their support to the then NPF led DAN government. As a result of this disqualification (before the trust vote), the then government headed by Neiphiu Rio had survived. Given the latest verdict of the apex court, if at all a similar situation was to repeat itself; the political outcome may not be favourable to the ruling dispensation, whichever party it may be.
SC verdict a reprimand for Speakers
For a State like Nagaland where past trends indicate routine defection from one side to the other, the latest Supreme Court verdict will come as a welcome reminder to our elected representatives on where to draw the line especially when it comes to honoring the mandate of the people. The latest court verdict has also in a sense rejected the stand taken by the Nagaland Legislature Assembly Speaker to disqualify the MLAs. As such the verdict is also disapproval on the Speaker’s political leanings not just here in Nagaland but Speakers everywhere. With the highest court of the land coming out with a clear stand on the issue of disqualifying legislators and also more importantly the role of the Speaker, no one should take for granted the rules of the game. The verdict of the Supreme Court is therefore an important guiding light for future reference.
Further in a related ruling, the Supreme Court has given its verdict on another important question—the growing number of Independent MLAs who are coming to play an important role in government formation, given the nature of verdict in today’s coalition era, where no single party can form a government on its own. The current position (High Court ruling) was that legislators lose their independent character and become liable for disqualification when they become part of the Council of Ministers. Now the apex court has ruled that Independent MLAs have a distinct status and such MLAs joining the Cabinet does not mean that they have merged with the ruling party nor can they be hauled up under the anti-defection law if they subsequently withdraw support to the Government, the Supreme Court has ruled.
The Nagaland Speaker had also taken the position that the Independent by their conduct and association with the ruling party (NPF) they have become members of the party and hence liable for disqualification under the anti-defection law. However, the Supreme Court has dismissed the Speaker's observation by taking the contrary view. All in all the recent verdict of the Supreme Court overturning the Speaker’s plea or arguments for disqualification of MLAs should clear the air about how the Constitutional office of the Speaker is expected to function keeping in mind the letter and spirit of the law and not political expediency. On the downside, this ruling will not go down well with ruling governments as it opens the door for political instability.
SC verdict a reprimand for Speakers
For a State like Nagaland where past trends indicate routine defection from one side to the other, the latest Supreme Court verdict will come as a welcome reminder to our elected representatives on where to draw the line especially when it comes to honoring the mandate of the people. The latest court verdict has also in a sense rejected the stand taken by the Nagaland Legislature Assembly Speaker to disqualify the MLAs. As such the verdict is also disapproval on the Speaker’s political leanings not just here in Nagaland but Speakers everywhere. With the highest court of the land coming out with a clear stand on the issue of disqualifying legislators and also more importantly the role of the Speaker, no one should take for granted the rules of the game. The verdict of the Supreme Court is therefore an important guiding light for future reference.
Further in a related ruling, the Supreme Court has given its verdict on another important question—the growing number of Independent MLAs who are coming to play an important role in government formation, given the nature of verdict in today’s coalition era, where no single party can form a government on its own. The current position (High Court ruling) was that legislators lose their independent character and become liable for disqualification when they become part of the Council of Ministers. Now the apex court has ruled that Independent MLAs have a distinct status and such MLAs joining the Cabinet does not mean that they have merged with the ruling party nor can they be hauled up under the anti-defection law if they subsequently withdraw support to the Government, the Supreme Court has ruled.
The Nagaland Speaker had also taken the position that the Independent by their conduct and association with the ruling party (NPF) they have become members of the party and hence liable for disqualification under the anti-defection law. However, the Supreme Court has dismissed the Speaker's observation by taking the contrary view. All in all the recent verdict of the Supreme Court overturning the Speaker’s plea or arguments for disqualification of MLAs should clear the air about how the Constitutional office of the Speaker is expected to function keeping in mind the letter and spirit of the law and not political expediency. On the downside, this ruling will not go down well with ruling governments as it opens the door for political instability.
