'LS, Speaker not competent to decide Subba issue'

New Delhi, Mar 20: Neither the Lok Sabha Speaker nor the lower House was competent to take a decision on the question of the citizenship of Congress MP from Asom M K Subba ''in view of the unambiguous provisions of the Constitution'', Speaker Somnath Chatterjee today said.

Making his observations on the issue, Mr Chatterjee said the matter was raised by Prof Vijay Kumar Malhotra (BJP) in the House on March 9 and the Chair had requested the BJP leader to furnish all the details of the case in his possession.

Mr Chatterjee said, ''Prior to his request I had also heard Mr M K Subba in my Chamber and asked him to furnish any documentary evidence that he has to decide his citizenship.'' The Speaker said he had received a communication from Mr Subba alongwith photocopies of several documents on March 9. He also received a communication enclosed transcript of a news item telecast on a private TV channel on March 6 which alleged that the Congress MP was actually a Nepalese citizen. Mr Subba had also referred to the Sikkim High Court judgement, in his favour, on the same issue.

He had also sought a personal meeting to explain his position.

Mr Chatterjee said he had held a meeting with the leaders of various parties on the matter on March 14. He said any decision on the disqualification of the Congress member could be made only after the citizenship issue was decided by the court.

''As the matter is sub-judice, the only question is whether the Lok Sabha Speaker or for that matter even the Lok Sabha is competent to consider or take a decision in this matter,'' he observed.

He said article 102 of the constitution provides for disqualification from membership of either House of Parliament, on the ground that a person is not a citizen of India.

According to article 103 of the constitution if the question of disqualification of a member on the ground that he was not a citizen of India arise, ''The question shall be referred for the decision of the President and his decision shall be final.'' Article 103 also provides that ''before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act accordingly''.

He said some members demanded to refer the case to a committee of the House as was done in the case of members involved in cash-for-query scam. ''A parallel cannot be drawn between the two issues as the allegations against Mr Subba has nothing to do with his parliamentary duties,'' the Speaker said.

''In my opinion, the House has no juridiction to examine this matter,'' he added.

UNI