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New Delhi. The Supreme Court on Tuesday told the Shiv Sena’s Uddhav Thackeray faction that the Speaker of the House acts like a tribunal in cases related to defection under the anti-defection law and asked how many times political parties have considered it in Parliament- It is discussed that this system is not working.
The court referred to a 1992 Constitution Bench judgment in Kihoto Holohon v. Zachilhu & Ors. has retained it.
The Thackeray faction told the Supreme Court that the 40 MLAs of Shiv Sena led by Maharashtra Chief Minister Eknath Shinde have no relief under the 10th Schedule and if the court upheld the defection by judicial order, it would have far-reaching consequences for the country. There will be results.
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Chief Justice D.Y. A five-judge bench headed by Chandrachud told senior advocate Kapil Sibal, appearing for the Thackeray faction, that the Supreme Court was only interpreting the law and unless there was a constitutional amendment, the Speaker of the House would act as a tribunal. As such the status quo cannot be directly challenged.
The bench said, “They are MLAs and MPs who have decided that the Chairperson will be the tribunal. This court is merely interpreting the law. As long as the decision of the Constitution Bench is valid, we will hold that the Speaker of the House is a tribunal under the 10th Schedule. The court said, “Can you tell how many times the parties have sat and decided that this system is not working?” (agency)
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