Speaker: Administrative Role or Quasi-Judicial Authority?

Best Citation – Sanjana S Jain & Vishnu Mangalvedkar, Speaker: Administrative Role or Quasi-Judicial Authority?, 2 IJLR 52, 2022.

Abstract

The idea of ‘Constitutionalism’ is based on the principle that the supreme text of the land does not stay a dead letter. For the idea of Constitutionalism, it is essential to limit the powers of those who can otherwise make the constitution ineffective via the doctrine of separation of powers. This paper aims to study the impact of the tenth schedule on the essence of the Constitution. The provision which allows a Speaker to disqualify those members of the house who act in violation of the whip issued by the political party forms the subject matter of the literature. The usage of a whip by the political parties as a tool to stifle the expression of dissent in the legislative assembly has challenged the idea of constitutionalism by challenging the basic structure doctrine. Such an administrative act of the speaker can pose a threat to the Basic Structure of the Constitution such as the Rule of Law, Separation of Powers, Parliamentary Democracy and Representative form of government. An outbreak of events in various states across India has made the public ponder about the ‘apolitical’ nature of the Speaker’s post. The authors would examine the same after an analysis of various cases beginning with the case of Kihoto Hollohan until the recent case of Pratap Gouda Patil & Ors v. State of Karnataka. The authors would conclude by indicating the changes that could be brought about in pursuance of the ideals of justice, equality and liberty as enumerated under the concept of Transformative Constitutionalism.

Key Words: Constitutionalism, Disqualification, Speaker, Separation of powers, Whip