SC Blasts Telangana CM and Speaker Over Anti-Defection Law, Reaffirms Constitutional Duty
New Delhi (The Uttam Hindu): On Wednesday the Supreme Court sharply criticized Telangana Chief Minister Revanth Reddy and the Assembly Speaker emphasizing that the Constitution must be respected. The court's strong remarks followed the Speaker's claim that the judiciary should not intervene in disqualification matters related to defection arguing that only the Speaker has the authority to make such decisions. However the Court made it clear that as the protector of the Constitution, it cannot stay silent when the "Tenth Schedule" — the law governing anti-defection — is being ignored.
Justices B R Gavai and Augustine George Masih particularly took issue with CM Reddy's statement in the Assembly, where he reportedly said no by-elections would take place. Justice Gavai pointed out that such comments undermine the Tenth Schedule which is meant to address the disqualification of lawmakers who switch parties.
The case involves the disqualification of several Bharat Rashtra Samiti (BRS) MLAs who joined the Congress party. The Supreme Court is reviewing a petition concerning the delay in the Assembly Speaker's decision on the disqualification petitions. The Court questioned why it took the Speaker almost ten months to issue notices regarding the petitions against the defected MLAs.
This issue originated from a November 2024 order by the Telangana High Court, which instructed the Assembly Speaker to make a decision on the disqualification petitions within a reasonable time. The Court had ruled that the Speaker must schedule a hearing and make a prompt decision.
During the hearing senior advocate Mukul Rohatgi, representing the Speaker argued that the judiciary should not impose time limits or intervene in the disqualification process. The bench, however expressed surprise at this argument, stressing that the courts have a duty to uphold the Constitution and cannot ignore important constitutional matters.
The case revolves around the interpretation of the Tenth Schedule and whether the courts can require constitutional authorities, like the Speaker, to act according to constitutional principles. As the case continues, the Supreme Court’s message is clear: it will not tolerate any violations of the ConstitutionSC, Telangana CM, Anti-Defection Law, Speaker, Constitutional Duty, Supreme Court, Political Ethics, Legal Reforms, Defection, India Politics, Constitutional Rights, Telangana Politics, Judiciary, Political Accountability, Law Enforcement, Political Stability and it will continue to serve as the guardian of constitutional integrity.
