Context
Recently, A Division Bench of the Himachal Pradesh High Court delivered a split decision on whether it can direct the Speaker of the Himachal Pradesh Assembly to accept resignation letters from MLAs within a specified time frame.
Himachal Pradesh High Court Split verdict On Speaker Power
Earlier, The three independent MLAs of Himachal Legislative Assembly joined the BJP after submitting their resignation to the Speaker.
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- However, instead of immediately accepting their resignations, the Speaker issued show-cause notices and directed the three MLAs to appear for an inquiry to prove that their resignations were “voluntary”.
- These MLAs filed a petition at the Himachal Pradesh HC, seeking for the show-cause notice to be quashed and for the Speaker to accept their resignation without any further delay.
- Split Judgment :
- Chief Justice M S Ramachandra Rao refused to fetter or interfere with the powers of a Speaker as she is a constitutional authority.
- For instance, in Pratap Gouda Patil v. State of Karnataka (2019), the apex court explicitly refused to give a time frame for the Speaker to deal with the resignations of 15 members of the Karnataka Assembly.
- On the Other Hand, Justice Jyotsna Rewal Dua gave the Speaker two weeks to decide on the resignation.
- That court could direct the Speaker to arrive at a “prompt decision” if she takes an unreasonable amount of time to exercise her powers and duties.
- Based on the five-judge Bench decision of the Supreme Court in Rajendra Singh Rana v. Swami Prasad Maurya (2007), where the court disqualified 13 Bahujan Samaj Party (BSP) MLAs after holding that the Speaker of the Uttar Pradesh Assembly had failed to decide disqualification petitions against the MLAs in a reasonable time frame (for more than three years).
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Constitutional & Legal Provisions
- Article 190(3)(b) of the Constitution: It states that a seat will become vacant if an MLA submits their resignation to the Speaker and it is accepted.
- However, it also allows the Speaker to conduct an inquiry and refuse to accept a resignation unless they are satisfied that it is “voluntary or genuine”.
- Rule 287 of the ‘Rules of Procedure and Conduct of Business in Himachal Pradesh Legislative Assembly’ :
- It provides guardrails for the Speaker’s powers.
- If the letter of resignation is personally handed over to the Speaker (as it was in this case), and the members inform the Speaker that the resignation was voluntary and genuine,
- Rule 287 states that the Speaker “may accept the resignation immediately”.
- But if the Speaker is not satisfied that the resignation is voluntary or genuine, she is allowed to not accept the resignation.
About Speaker of Legislative Assembly
Under Article 178 of the Indian Constitution every Legislative Assembly of a State shall choose one of its Members as Speaker.
- Role and Authority of the Speaker:
- The Speaker is the conventional and ceremonial head of the Legislative Assembly.
- His authority is supreme in the House due to his absolute and varying impartiality.
- Acts as the conscience and guardian of the House.
- Communications and Representations:
- Represents the House to the outside world.
- Facilitates communications between the House and the Governor.
- Issues warrants to execute orders of the House.
- Regulation of Debates and Proceedings:
- Regulates debates and proceedings of the House.
- Decides on the admissibility of questions, resolutions, motions, and petitions.
- Maintains order and enforces observance of Rules.
- Determines speaking order and time limits.
- Recognizes parties and groups in the House.
- Role in Money Matters and Voting:
- Determines ‘money’ matters exclusive to the Legislative Assembly.
- Certifies Bills as Money Bills, with final decision authority.
- Exercises a casting vote in case of tied votes, as per the Constitution
- Protection of Privileges and Disciplinary Powers:
- Determines prima facie cases for breach of privilege or contempt.
- Interprets Constitution and Rules concerning the House.
- Derives disciplinary powers from the Rules.
- Tenure and Office:
- Holds office from election until immediately before the first meeting of the next Legislative Assembly.
- Continues unless ceasing to be a member as per Article 179 of the Indian Constitution.
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May 14, 2024