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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.
