Governor can't take away Speaker's powers: SC

February 11, 2016 19:56

The Supreme Court today critically examined a decision of Arunachal Pradesh Governor J P Rajkhowa ordering maintenance of the party-wise position of MLAs in the assembly and said he had "no role to play" in it, as the anti-defection aspect fell under the domain of the Speaker.

"How can the Governor take away the constitutional powers of the Speaker to disqualify lawmakers on the grounds of defection?

"The Governor may have some role in the functioning of the assembly, but he has no role to play in issues prescribed in the Tenth Schedule (anti-defection provision) of the Constitution," a five-judge Constitution Bench headed by Justice J S Khehar said.

Observing that democracy was part of the basic structure of the Constitution, the bench said, hence, any "undemocratic" decision would be open to judicial review.

"Democracy is a basic structure of the Constitution and if some decisions are anti-democratic, it is the subject matter of judicial review," the bench, also comprising Justices Dipak Misra, Madan B Lokur, P C Ghose and N V Ramana, said.

Senior advocate T R Andhyarijuna, appearing for Rajkhowa, defended the Governor's decisions saying when the Speaker was under clout and part of a conspiracy with the state government, the Governor exercised his discretionary power which is "undefined" in the Constitution.

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