Jaipur: Rajasthan Speaker C.P. Joshi has decided to file a special leave petition (SLP) in the Supreme Court on the grounds that his “well-defined role is being challenged by the state High Court”.
Kapil Sibal, lawyer and senior Congress leader, will represent the Speaker in the top court.
Joshi said he has decided to file the SLP in the Supreme Court as he wants to ensure there is no conflict between the two Constitutional authorities.
“The dignity of the post of Speaker of the Legislative Assembly should be maintained. I accept the court’s decision. But if one authority prohibits another authority, it is not right,” he said while addressing the media in Jaipur. “I have asked my advocate to file an SLP in the Supreme Court. We are heading towards a Constitutional crisis.”
Joshi also said there should be no conflict between the judiciary and the legislature.
“The role of everyone in the parliamentary system is well defined. The Supreme Court gave instructions in 1992 to stop Aya Ram Gaya Ram culture, in which the Speaker has the right to disqualify members for defection. No one has the right to interfere in the process,” he said.
“In 1992, the constitutional bench of the Supreme Court made it clear that under the anti-defection law, the speaker has the right on the issue of disqualification and the court cannot interfere before a decision is made. But before the verdict at this stage, these people (Sachin Pilot camp) want to challenge it.”
The Rajasthan crisis
The Rajasthan High Court had Tuesday asked the Speaker to defer his action on the disqualification notices issued to dissident Congress MLAs until 24 July. The court also reserved its judgment on the writ petition filed by now-sacked deputy chief minister Sachin Pilot and 18 dissident legislators for 24 July.
Joshi said the court intervention at this stage was a threat to Parliamentary democracy. “The role of the Speaker is clear and well-defined. The Supreme Court has a clear judgment on this issue,” he added. “I respect whatever judgment the court has given, but it does not mean we should allow such interventions.”
Joshi said the Speaker has the right to hear an application under the rules of the assembly and he has only issued a show-cause notice, which he added is part of the process.
“The Speaker’s decision can be challenged only after a decision has been made by him not at the level of issuing show cause,” he said. “I have respected the court, but the MLAs do not want to come to the speaker to answer the notice, they went straight to the court, this is a threat to constitutional democracy.”
“There is not a single judgment when there is an intervention in the middle. I gave notice on the 17, after that there was no progress,” he added. “There could be a situation of collision as we go ahead and hence I decided to go to the Supreme Court. I hope the Supreme Court will hear this soon.”
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