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Spotlight on Maharashtra deputy speaker’s role as SC puts action on hold
A look at why the deputy speaker is in the eye of the storm and what lies ahead:
The Eknath Shinde-led rebel 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 anti-defection law.
Can the 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. A decade later, then speaker Arun Gujarathi disqualified six Nationalist Congress Party (NCP) MLAs who had signed a letter to the Governor in 2002 saying they were withdrawing support of the then Congress-NCP government.
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 on the split in Sena or disqualification of rebel MLAs.
Does the deputy speaker have the same powers as the speaker?
A deputy speaker is also elected by the members of the assembly. He officiates in the absence of speaker. Under the Article 180 of the Constitution, deputy speaker has the powers of the speaker when the latter’s position is vacant. But. had there been a speaker in place, things would have been easier for the MVA as opposition could not have raised doubts over both, him and the deputy speaker.
Why is Zirwal’s authority being discussed?
When the rebellion was led by party minister Eknath Shinde, Shiv Sena Shinde as group leader on the floor of the assembly with Sewree MLA Ajay Chaudhary. Zirwal recognized this change. Later, the party moved before the deputy speaker for disqualification of Shinde and 15 other MLAs under provisions of anti-defection law. The rebel group does not want Zirwal to take a decision on both the issues. As such, they have moved a no-trust motion against Zirwal, an NCP MLA, to remove him from the post.
What role did the Congress play here?
In the power sharing agreement between the three parties, Shiv Sena got chief ministership, NCP was given post of deputy chief minister while Congress got the post of Speaker. Congress’s Patole was elected speaker in 2019. But, in 2021, Congress decided to appoint him as chief of its state unit. A speaker is expected to be non-partisan and hence cannot take part in political activities of his party – thus, Patole resigned.
