New Delhi, Jan 22,2020: The Supreme Court on Tuesday ruled that Parliament may seriously consider amending the Constitution to substitute the Speaker of the Lok Sabha or Legislative Assemblies as arbiter of disputes concerning disqualification which arise under the Tenth Schedule.
It asked Parliament to rethink, if Speaker, who is also affiliated to a party, should decide disqualification petitions of Members of Parliament or Legislative Assemblies.
A bench, headed by Justice Rohinton Fali Nariman, ruled that a permanent body with a proper mechanism should be set up to adjudge the cases of disqualification of lawmakers.
Apex Court held that Parliament should think over having an independent and permanent body to decide disqualification petitions against MPs and MLAs, instead of the Speaker retaining exclusive powers.
The verdict came on a petition field by one K Meghachandra Singh.
It is time, the Supreme Court ruled, that Parliament have a rethink on whether disqualification petitions ought to be entrusted to the quasi-judicial authority of Speaker who continues to belong to a particular political party either de jure or de facto.
MP, MLA disqualification: Role of Speaker slammed by Supreme Court
315