A look at the Tenth Schedule of the Constitution makes it clear that what is happening in Rajasthan is nothing short of a mockery of the law. Let us try to understand in this thread that powers of Legislature have been clearly undermined 1/n
Para 8(3) of the Tenth Schedule of the Constitution says any violation of disqualification rules framed under this (Tenth) Schedule is tantamount to Breach of privilege of the House 2/n
It is for the petitioner (Not the Speaker) to satisfy himself/herself that there are sufficient grounds to seek disqualification of any member/s. IF THE PETITION IS TECHNICALLY FOUND TO BE IN ORDER, SPEAKER IS BOUND TO SERVE THE COPY TO ALL CONCERNED & SEEK COMMENTS 3/n
There is no discretion bestowed on the Speaker by the Tenth Schedule and rules framed thereunder. If he is not serving the notice of the petition to all concerned and not examining the reply received thereafter, he is committing breach of privilege of the House 4/n
But, Speaker, has so far, followed the rules and served the notices. It is the Judiciary which is not allowing the Speaker to perform Constitutionally mandated duties. In essence, it is the Judiciary which is committing breach of privilege of the Legislature 5/n
Rajasthan is a clear case of judicial assault on the Legislature. India is badly missing a Speaker of the stature of Somnath Chatterjee today, who would have gone ahead with his Constitutional duties disallowing courts from interfering in the Legislatures domain 6/n
A Speaker like Somnath Chatterjee would have reminded the Judiciary about its Lakshman Rekha by breach of privilege notices to respective courts. Separation of powers has to be respected by all arms of the democracy if India is to survive as a democracy n/n
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