Remove Speaker's Power To Decide Disqualification Under 10th Schedule Of Constitution, Let HC Decide Instead : Arvind Datar

The Speaker's power to decide the disqualification of elected members defecting from their original political party under the 10th Schedule of the Constitution should be removed and should instead be given to the High Court in the form of election petitions, Senior Advocate Arvind Datar said while delivering the KT Desai Memorial Lecture on Monday. But by nature the Speaker belongs to one party…History and empirical data have shown the Speaker never decides against his party.” Datar added that Article 329A of the constitution which was struck down could be brought back giving the HC power to decide such disqualification petitions. The reason - We did not overthrow one monarchy to become another.” Datar said, "it is “fashionable” to claim everything is colonial legacy… IPC is colonial, CrPC is colonial, so reject the colonial legacy…But at least as far as constitutional morality is concerned, this is one constitutional legacy that we should not abandon.” Chief Justice DK Upadhyaya said dissent could not be taken lightly and the Speaker ought to be a man of outstanding ability and impartiality. The SC said if you attend TV interviews with opposition, give lectures in the support of opposition, it is sufficient to say you have given up even if your name is in party register.” The Nabam Rebia judgement said that if there's a resolution for disqualification of Member and Speaker, disqualification of Member cannot be decided until disqualification of Speaker is decided.