Draw the line for Speakers and Governors

Draw the line for Speakers and Governors

Article:

1- Kapil Sibal, Rajya Sabha MP, analyse the misuse of powers by the governors and speakers.

Important Analysis

2- Issues raised by him for Governor:

• Misuse of discretionary power by governor
• Recent examples: Karnataka, Goa, Manipur and Meghalaya are examples of political venality initiated by Governors’ actions.
• Governors protects the interest their own parties.

3-The Supreme Court in R. Bommai v. Union of India (1994), emphasized on illegal dismissal of state governments on the Governor’s recommendations.

4- The Sarkaria Commission and Punchi Commission provide guidelines for Governors in forming the government.

5-For Speaker:

• Dubious role of the Governor  on Anti-Defection Law. Some times Governor delayed to take action in anti defection (Andhra case) and some times it act promptly (Tamil Nadu – Dinakaran case).
• The Speaker is more loyal to his party and the government than to the Constitution.

6. The speaker  under the 10th Schedule decides the question of disqualification  of MLAs .

7. To control the abuse of power by speaker and governor, he sought for political consensus for amendment in constitution.