Now Reading: SC notices to 20 rebel TMC MPs on disqualification plea
-
01
SC notices to 20 rebel TMC MPs on disqualification plea
The Supreme Court has issued notices to 20 rebel Trinamool Congress (TMC) MPs on a plea filed by TMC general secretary Abhishek Banerjee seeking a time-bound decision on their disqualification petitions pending…
The Supreme Court has issued notices to 20 rebel Trinamool Congress (TMC) MPs on a plea filed by TMC general secretary Abhishek Banerjee seeking a time-bound decision on their disqualification petitions pending before Lok Sabha Speaker Om Birla. A bench headed by Chief Justice Surya Kant directed the MPs to respond, bringing the political dispute into a wider constitutional debate over the anti-defection law.
The 20 MPs, elected on TMC tickets, broke with the party and aligned with the Nationalist Citizens Party of India (NCPI) while supporting the NDA. TMC argues this amounts to voluntarily giving up party membership under the Tenth Schedule. The rebel MPs contend their realignment is a legitimate political association. The court has not yet ruled on whether disqualification is warranted.
Solicitor General Tushar Mehta informed the court that the Speaker has already initiated proceedings and issued notices to the MPs. Justice Joymalya Bagchi stressed the need to conclude the proceedings within a time frame. The next hearing is expected in about two weeks.
Indian Opinion Analysis
The delay in Speaker Om Birla deciding disqualification petitions is the central constitutional issue here. Under the Tenth Schedule, the Speaker acts as a tribunal, the Supreme Court has previously held, in cases like Kihoto Hollohan (1992), that Speakers must decide such petitions within a reasonable period. With 20 MPs' status unresolved since their split, the practical question is how many working days the Speaker needs to conclude the inquiry. The court's next hearing will likely set a timeline, and that deadline will test whether the anti-defection law can operate as intended when the decision-maker is a political appointee of the House.
The real test: can the Speaker fix a date and complete the hearing before the court's next listing, or will the court impose an outer limit?
Source: nationalheraldindia.com
This brief was synthesised by AI from the source linked above.
