Explained: How Articles 179(C) and 181 can curtail powers of Karnataka Speaker
Bengaluru, July 28: The BJP apprehends that the Speaker of the Karnataka Legislative Assembly may disqualify more rebel MLAs ahead of the trust vote on Monday.
In a bid to curtain this move, the BJP proposes to involve Articles 179(C) and 181 in a bid to curtail his powers.
The BJP is proposing to move a resolution under Article 179 (C) of the Constitution. This provides that a Speaker of the assembly can be removed from his office by a resolution of the assembly, which is passed by a majority.
As per the clause a 14 day notice period is needed to move such a resolution. This limits the powers of the Speaker and once such a motion is moved the Speaker cannot disqualify anyone.
Further as per Article 181 of the Constitution, the Speaker shall not preside over the House, when a resolution of this nature is under consideration. During such time, the role is handled by the Deputy Speaker.
The Supreme Court had in 2016 said, " it would be constitutionally impermissible for a Speaker to adjudicate upon disqualification petitions under the Tenth Schedule, while a notice of resolution for his removal from the office of the Speaker is pending." The observation was made in the Arunachal Pradesh case, where the disqualification proceedings of 14 legislators was pending before the Speaker.