The Supreme Court held a hearing on the disqualification of BRS MLAs who switched to the Congress party, raising questions over the Speaker’s prolonged inaction. The court questioned whether it should remain a mere spectator even when the Speaker has not taken action for four years. Justice BR Gavai asserted that the courts act as protectors of the Constitution and have a responsibility to ensure timely resolutions.
The case was filed by BRS leaders, including party working president KTR and MLA Padi Kaushik Reddy, who argued that appropriate action had not been taken despite previous High Court orders. Senior lawyer Mukul Rohatgi presented arguments on behalf of the Speaker, contending that the courts could not encroach upon the special powers granted to the Speaker by the Constitution.
Rohatgi emphasized that while judicial review is permissible once the Speaker makes a decision, imposing a time limit on the Speaker's process is unreasonable. He also argued that suggestions made by the courts could be accepted or rejected at the Speaker’s discretion, highlighting that one constitutional authority cannot override another.
Justice Gavai, however, responded by questioning whether the courts could appeal to the Speaker to act within a reasonable time frame. The judge stressed that the courts must uphold their duty to protect constitutional principles, especially when prolonged delays occur.
Rohatgi reiterated that the Speaker cannot be compelled to act according to the demands of the petitioners, especially when petitions were filed hastily. The Supreme Court’s remarks are expected to influence future proceedings regarding the disqualification of the defecting MLAs.
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