SC reserves order on power of assembly speakers, Uddhav faction adamant on sending matter to 7-judge bench

Political crisis in Maharashtra: SC reserves order on the power of assembly speakers, Uddhav faction adamant on sending matter to 7-judge bench

Feb 16, 2023 - 19:12
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SC reserves order on power of assembly speakers, Uddhav faction adamant on sending matter to 7-judge bench

The Supreme Court on Thursday reserved orders regarding the power of assembly speakers. A Constitution Bench headed by CJI DY Chandrachud will decide whether to refer cases related to the Maharashtra political crisis to a 7-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The bench on Thursday heard the arguments of the rival Shiv Sena groups. After this, the order was reserved. During the hearing, the Uddhav Thackeray faction of the Shiv Sena demanded that the Nabam Rebia case be referred to a 7-judge bench for reconsideration.
In 2016, the Supreme Court, after a hearing, not only ordered the reinstatement of the Congress government in Arunachal Pradesh but overturned the Speaker's decision to disqualify 14 MLAs. In the 2016 Nabam Rebia case, a 5-judge constitution bench had held that disqualification proceedings cannot be initiated when a motion for his removal is pending.
Senior advocate Kapil Sibal, appearing for the Uddhav Thackeray camp, said that the law laid down in the Nabam Rebia case needed to be reconsidered. Sibal said- The 10th Schedule of the Constitution provides for preventing the defection of elected and nominated members from their political party and contains stringent provisions against defection.
In 2016, a 5-judge constitution bench, while deciding the Nabam Rebia case, held that the Speaker cannot proceed with a petition for disqualification of legislators if the prior intimation to the Speaker for his removal is pending in the House.
The decision came in defence of the rebel MLAs led by Eknath Shinde, who is now the Chief Minister of Maharashtra. The Thackeray faction had demanded his disqualification, while a notice by the Shinde faction for the removal of Maharashtra Assembly Deputy Speaker Narhari Sitaram Jirwal was pending in the House.

Muskan Kumawat Journalist & Writer