Hindustan Times ST (Jaipur)

In real contempt of the Constituti­on

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qualify them were filed in November 2018. The Speaker chose to keep the petitions pending. It was only on January 21, 2020, that the proceeding­s gained some momentum when SC directed that all pending disqualifi­cation petitions before Speakers across India be decided in three months. In Manipur, the Speaker’s orders are under challenge. Hopefully, the court will show the same urgency in deciding these matters as the court did in Rajasthan.

No other Speaker has honoured the SC judgment by deciding on such disqualifi­cation petitions within the time-frame prescribed by it.

In Tamil Nadu, disqualifi­cation petitions have been pending before the Speaker since

March 2017. The term of the Assembly ends in 2022.

In Madhya Pradesh, disqualifi­cation petitions against 19 Congress MLAS who joined the BJP were filed in March 2020. But only a pro-tem Speaker adorns the chair. A dulyelecte­d Speaker alone can deal with them.

Speakers of legislativ­e assemblies seek to protect the members of the party to which they belong and choose to delay, for one reason or another, resolution of disqualifi­cation petitions. Courts, time and again, have chosen not to interfere. This gives constituti­onal protection for openly unconstitu­tional acts. The Speaker does not decide on these matters for years, and if courts cannot direct the Speaker to decide them, then those who have openly defied the constituti­on continue to be members of legislativ­e assemblies without any judicial resolution. The courts’ inaction allows for the perpetuati­on of an illegality.

There is yet another dimension of the manner in which elected government­s are toppled. With new platforms of informatio­n, the goings-on in destabilis­ing government­s are matters of public knowledge. Willing legislator­s are flown out in chartered flights, cloistered in five-star facilities with the sole intent of usurping power by blandishme­nts offered to willing takers. This display of arrogance of power and disregard for constituti­onal values have now become the cornerston­e of political activism.

It is the contempt for India’s constituti­onal values and laws that is a wake-up call for those who, under our constituti­onal scheme, have the duty to protect them.

 ??  ?? Elected government­s are toppled, with disregard for constituti­onal values. This is a wake-up call for the courts AMAL KS/HT
Elected government­s are toppled, with disregard for constituti­onal values. This is a wake-up call for the courts AMAL KS/HT

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