The suggestion of the Supreme Court to revisit the power conferred upon the Speaker of the State legislatures in the Tenth Schedule of the Constitution is exemplary. In the recent past, the nation has witnessed some arbitrary and biased rulings from the chairs of the Houses of various States. Undoubtedly, a Speaker can’t keep himself away from his earlier political affiliation. There are some other grounds to disqualify a Member, which are incorporated in the original Constitution. But the power to disqualify is vested either with the President of India or with the State Governors, and that too after getting the opinion of the Election Commission. But, the Tenth Schedule is strangely considers defection a matter of politics. Though the post of the Speaker is a constitutional one, there is no oath of office for him. They assume their office by means of a democratic ritual of taking the chair of the Speaker on the floor, flanked by the Leader of the House and Opposition.
Vesting a power in a post which has no oath of office ought to have been curbed and, as directed by the apex court, Parliament can make yet another enactment to reduce the same.
M. Xavier,
Vallioor, Thirunelveli, Tamil Nadu