Spotlight on deputy speaker’s role as SC puts action on hold
MUMBAI: The Eknath Shinde-led rebel Shiv Sena faction on Monday approached the Supreme Court challenging the authority of deputy speaker of Maharashtra assembly, Narhari Zirwal, in deciding on Shiv Sena’s plea to disqualify 16 MLAs, including Shinde, for anti-party activities. The apex court has sought a response from the deputy speaker and the Shiv Sena group leader. A look at why the deputy speaker is in the eye of the storm and what lies ahead:
Why are the speaker and deputy speaker’s role key?
The speaker or deputy speaker (who enjoys the powers of speaker in his absence) rule on various issues, including recognising and appointing floor leaders and disqualification of legislators. In this case, the deputy speaker is to rule on a Sena plea to disqualify 16 MLAs – Shinde and the ones led by him – under provisions of the antidefection law.
Can judiciary intervene in his functioning?
Experts believe it can. “The issue of defection comes under Tenth Schedule of the Constitution. Under which the court can intervene subject to certain aspects. What would become a matter of discussion is: Should the court intervene before the speaker has conducted the proceedings and given his ruling or after that? In any case, the ruling of the speaker (on defection) is most likely to be challenged in the court by the aggrieved party,” said former Maharashtra assembly speaker Arun Gujarathi.
Has there been a similar instance?
Yes, several times. In 1991, speaker Madhukarrao Chaudhary recognised a split in Shiv Sena by Chhagan Bhujbal.
Why is it on the deputy speaker this time?
In Maharashtra, speaker Nana Patole resigned in February 2021 and since then, the post is vacant. Thus, Zirwal has the authority to take a decision.
Does the deputy speaker have the same powers as the speaker?
Under the Article 180 of the Constitution, deputy speaker has the powers of the speaker when the latter’s position is vacant.