President’s Rule

Speaker facing disqualification can’t disqualify MLAs, says SC

  1. News: A Speaker should refrain from deciding the disqualification of MLAs for defection under the Tenth Schedule of the Constitution if he/she him/herself is facing the prospect of removal, the Supreme Court has held
  2. A Constitution Bench observed that the ruling was a safeguard against a Speaker using the disqualification proceedings of legislators for his/her own political ends
  3. A Speaker, under the threat of losing his position, may choose to disqualify the MLAs to alter the composition of the House in his/her favour
  4. Therefore, the above was made constitutionally impermissible under Article 179 of the Constitution
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