To prevent further disqualifications in Karnataka, here is how BJP plans to cripple Speaker
Bengaluru, July 27: To ensure that he does not create any further trouble, the BJP is set to move a motion to oust Ramesh Kumar as the Speaker of the Karnataka Legislative Assembly.
Kumar, who belongs to the Congress had disqualified three MLAs on Thursday. This led to considerable panic among the rest of the rebel MLAs, who feel that they may end up with the same fate. Once disqualified, a legislator cannot be made minister and neither can he or she contest in a by-election for the current assembly.
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.