Disqualification notice to Pilot, 18 MLAs brings issue of Speaker's power to fore again
New Delhi: The issue of Speakers' power under the Constitution to entertain pleas seeking disqualification of MLAs has come to the fore again amid the political crisis in Rajasthan where the Assembly speaker has entertained such a plea by the ruling Congress party and sought responses of sacked Deputy Chief Minister Sachin Pilot and 18 other MLAs within three days.
The apex court, in a plethora of verdicts, has given varying judicial opinions on Speakers' powers ranging from refusing to intervene in the matter to assuming the role of the Speaker itself and going to the extent of disqualifying lawmakers under the 10th Schedule of the Constitution.
The 2011 verdict of the Supreme Court in the Karnataka case may strengthen the case of the 19 MLAs, including Pilot, in the matter of Rajasthan Assembly Speaker C P Joshi's show cause notice.
The top court had set aside the disqualification of 11 BJP MLAs, who were opposed to the then Chief Minister B S Yedurappa, by the Speaker. The high court had endorsed their disqualification.
Merely because these MLAs expressed lack of confidence in Yeddyurappa would not mean that the Speaker was empowered to take action against them, a bench headed by the then Chief Justice Altamas Kabir had held.
It had then taken note of the assertion of the 11 MLAs that they were part of the BJP and would support any other leader in the party, and held this rebellion did not require action under 10th schedule (which deals Speaker's power to deal with defection) of the Constitution.
Rajasthan Speaker's notice to Pilot and others with him is patently illegal and beyond the scope of tenth schedule of the Constitution. They have not joined or expressed a wish to join or support BJP," senior lawyer and Constitutional law expert Rakesh Dwivedi said.
"Protesting against CM and asking for change or pressuring High Command of the Congress to change CM does not amount to leaving the party, he said.
In response to a question whether a political party can issue a legally tenable whip to its MLAs for activities outside the Assembly, the senior lawyer said, No. Whips are issued for activities in the House.
Not attending meetings of the Congress legislature party is pressure tactic and an intra-party activity. Speaker has erred and notice is against the Yedurappa case of Supreme Court .
He said however that the party can take disciplinary action against Pilot.
Dwivedi added there were no media reports that Pilot indulged in any anti-party activities and met leaders of rival political parties to topple the government; rather there have been reports of police probe against the Deputy Chief Minister for offences like sedition.
There have been contrary views as well, holding that the Speaker has ample and wide powers under the 10th schedule to deal with anti-defection activities of the lawmakers.
Being the head of the House, the Speaker is well within his right to issue the (disqualification) notice, another senior advocate Ajit Sinha said, adding that the action of suspension or disqualification can always be challenged.
As far as the notice is concerned, the Speaker has the right. Those who have been issued notice can claim that the speaker cannot disqualify for the activities done outside the house, but the issuance of notice at the first place cannot be called illegal, he said.
The apex court and the high courts have been very cautious in intervening with the role of Speaker in the matters of disqualification.
The Constitution gives exclusive jurisdiction to the Speaker to rule on disqualifications for defection.
In the recent Karnataka crisis, the top court had said that 15 rebel Congress-JD(S) MLAs in Karnataka "ought not" to be compelled to participate in the proceedings of the ongoing session of the state Assembly and an option should be given to them as to whether they wanted to take part or stay out of it.
However, the apex court had also said that the Assembly Speaker K R Ramesh Kumar will decide on the resignation of the 15 MLAs within such time-frame as considered appropriate by him.
But, there have also been instances where the top court has assumed the role of the Speaker to itself after taking note of the delay on the part of the Speaker in deciding such pleas.
In a rare move, the Supreme Court had invoked its plenary powers and ordered forthwith removal of BJP lawmaker and Manipur Forest Cabinet Minister T H Shyamkumar, restraining him from entering the Assembly till further orders.
Shyamkumar had won the Assembly polls in 2017 as a Congress candidate but later joined the BJP government. The plea of his disqualification was pending with the Speaker.
Recently, the top court has sought response of the Speaker of Tamil Nadu Assembly on a plea of DMK seeking a direction to "forthwith" decide its pending plea for disqualification of 11 AIADMK lawmakers who had voted against Chief Minister K Palaniswami during the 2017 confidence vote.
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CM Siddaramaiah ready to "sacrifice power" or continue, as per Rahul's directions: Rajanna
Bengaluru (PTI): As the speculation about leadership change in Karnataka rages yet again, a senior party leader and close aide of Siddaramaiah on Tuesday said the Chief Minister was ready to "sacrifice power" or continue in the top post, based on the directions of Congress leader Rahul Gandhi.
KN Rajanna also seemed to support the idea of a change in the party leadership as well, an apparent reference to deputy CM and Karnataka Congress president D K Shivakumar, whose supporters want him to be made CM.
Urging the Congress high command to clear the confusion on the leadership issue, Rajanna, a former minister who is considered close to Siddaramaiah, warned that continued uncertainty would be detrimental for the party and governance.
He also insisted that if the chief minister is changed, there should be a "Dalit CM" in Karnataka.
The development comes amid speculations within the party and political circles about a possible decision on leadership change and cabinet reshuffle after May 4, once the results for assembly elections in four states and one union territory, along with bypolls to two assembly segments in Karnataka, are announced.
"The Chief Minister has an open mind and has said he will abide by the directions of the high command and Rahul Gandhi, and that everyone should cooperate. The CM has repeatedly reiterated that he will abide by Rahul Gandhi's directives and suggested that everyone follow the decision. All ministers have agreed to it," Rajanna said in response to a question about the CM's recent discussion with his close cabinet colleagues and MLAs.
Speaking to reporters here, he said, "power is not permanent for any politician, those who lose it will try to gain it and those who have gained it will try to maintain it. The CM's mindset is that he is ready to sacrifice power or continue in power as per Rahul Gandhi's directions. He will abide by Rahul Gandhi's decision."
When asked whether supporters of Siddaramaiah demanded that he continue as CM, and if he steps down, that an AHINDA leader should take over, the MLA said the matter is for the high command to decide.
"We have told the high command what we had to. Ultimately it is left to high command and Rahul Gandhi," he said.
AHINDA (Kannada acronym for minorities, backward classes, and Dalits) is considered as the strong support base of Siddaramaiah and also the Congress party.
When asked about his past statement that there should be a Dalit CM after Siddaramaiah, Rajanna said, "What's wrong with it. I am committed to the statement that there should be a Dalit CM."
MLAs and leaders who want Shivakumar to be elevated have recently claimed they expect some "sweet news" by May 15, which is their leader's birthday.
When asked whether the party president should also be changed, the former minister said that everything has to change.
"If the ministers have to change, why shouldn't the party president. Everything will be decided by high command," he said.
Shivakumar is the state Congress President and has completed six years in the post.
For the government to function more actively towards the welfare of the people it is important that the high command clears the existing confusion in the Congress party at the earliest, Rajanna said, adding, the ministers have gone to discuss the same with the leadership.
"I too urge that the high command should not allow the confusion to continue; as long as the confusion continues, it is detrimental for the party and governance. I will also go to Delhi after May 4," he said.
"The high command is at it (resolving the confusion), but because of elections, the leaders are busy. The matter cannot be decided hastily, it must be decided with a clear state of mind, as it involves the future of the people of Karnataka and the party," he said, expressing confidence that the party will take appropriate decisions after examining all aspects.
PWD Minister Satish Jarkiholi on Monday met Congress President Mallikarjun Kharge and General Secretary (in charge of Karnataka) Randeep Surjewala in New Delhi and requested them to address the speculation regarding the change of leadership in the state.
Subsequently Social Welfare Minister H C Mahadevappa too met the party leadership in Delhi.
Both Jarkiholi and Mahadevappa are considered close to Siddaramaiah.
Regarding the demand for cabinet reshuffle, Rajanna said there is an expectation within both the party and the public that the administration should be sensitised more, and there is nothing wrong in new people getting opportunities.
Responding to a question, Rajanna said, there is a feeling among AHINDA communities that their expectations from the current government have not been fulfilled. "I too agree with it," he said.
Rajanna, who recently alleged that the Chief Minister is "helpless" and under some "compulsion," reiterated his statement by saying, "compare Siddaramaiah as CM during 2013-18 and 2023 to now, there is a huge difference, people are saying it."
The leadership issue is being hotly debated as Shivakumar's supporters have been demanding his elevation since late 2025, in lines with a rumoured power-sharing agreement involving Siddaramaiah when the party won the 2023 Assembly elections.
