Speaker gets SC ‘relief’ on defections

It appears that there will be more delay while taking a decision on the matter of disqualifying Opposition members who had defected to the TRS.

The setting up of the five-member Constitution bench to decide the power of courts to interfere in matter under consideration with the Speaker will take more time.

The Chief Justice of India decides and constitutes larger benches on matters referred to by small benches. Justice R.K. Agarwal and Justice Rohington Fali Nariman had last month referred the matter of disqualification of legislators in the TS Assembly, to Chief Justice T.S. Thakur to constitute the five-member Constitution Bench.

Sources said Justice Thakur who would be retiring on January 3, 2017, had left the issue to be decided by his successor, Justice J.S. Khehar, who will be the Chief Justice of India till August 27, 2017.

Normally the Chief Justice does not decide on the setting up of larger benches, days before demitting office, sources said.

This means that till the Constitution Bench is constituted, concludes its hearings and pronounces judgement, there is no chance of Telangana state Assembly Speaker initiating proceedings on the petitions filed by the legislature parties of the Congress, Telugu Desam and the YSRC seeking disqualification of their MLAs who joined the TRS.

When contacted, Mr K. Ramakrishna Reddy, Advocate-General of Telangana state, said, “The setting up of Constitution benches or larger benches is a matter to be decided by Chief Justice of India. I cannot say when he will do it.’’

Sources said that the matter of providing reservations to some Muslim groups as done by the late Y S Rajashekhar Reddy government, which was referred to a Constitution bench, was also similarly delayed.

“There are several such references by smaller benches to the CJI. Based on the importance and urgency of the matter the CJI will decide.’’ a senior advocate said. The availability of judges and time allotted for hearings by the larger bench is important in such matters.

This would come as a breather for the Speaker, who has not commenced hearings on the disqualification petitions.

We cannot close our eyes to the happenings on the ground. Even after the passing of two-and-ahalf years, the matter is still under the Speaker’s examination. Where is the guarantee that he will decide (on) the issue even after another two years? — JUSTICE R.K. AGARWAL, Justice Rohington Fali Nariman Referring the matter to the CJI to set up a Constitution bench