Governor can’t clip Speaker’s powers under anti-defection law: SC

The Supreme Court on Wednesday questioned the constitutional legitimacy of Arunachal Pradesh Governor Jyoti Prasad Rajkhowa’s direction that there should not be any tinkering with the party position in the state Assembly, asking how could he clip the constitutional powers of the Speaker to disqualify lawmakers on grounds of defection.

“Is it not an order of restraint on the Speaker not to act under Schedule 10 of the Constitution (which provides for disqualification of lawmakers on grounds of defection). Could the Governor issue a direction to the Speaker clipping his powers to act under Schedule 10?” asked the Constitution Bench.

The “Governor may have some role in the functioning of the Assembly, but he has no role to play in the Tenth Schedule (anti-defection provision)”, it added as senior counsel TR Andhyarijnua, appearing for Rajkhowa, defended his action saying that his apprehensions that Speaker Nabam Rebia may disqualify the rebel MLAs was borne out by the subsequent events.

“It is a constitutional imperative, obligation and duty of the Governor to see that the constitutional powers under Schedule 10 is exercised in a right manner,” Andhyarijuna said.

Describing his client as a “conscientious and impartial” person, whose acts could not be termed “capricious and malafide”, he said: “What were the options before the Governor? There were apprehensions in the mind of the Governor that the total complexion of the Assembly would be changed.”

But expressing its doubts on Rajkhowa’s conduct, the court asked “whether whatever the Governor has done was in furtherance of democracy or to create a dent in it”.