The Supreme Court on Wednesday termed the three-month delay in deciding disqualification petitions against 20 rebel Trinamool Congress (TMC) MPs a “red flag”, but refrained from prescribing a fixed deadline for Lok Sabha Speaker Om Birla to conclude the proceedings.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana was hearing a plea filed by TMC MP Abhishek Banerjee seeking expeditious disposal of 20 disqualification petitions pending before the Speaker.
Justice Bagchi said the delay was significant in view of the possible consequences of the proceedings and their impact on the democratic process.
Justice Bagchi questioned why the proceedings remained pending after three months, noting that delays in such time-sensitive matters impact both collateral proceedings and the broader democratic process.
At the same time, the Bench acknowledged that the Speaker is a constitutional authority and that the time required to decide a disqualification petition could vary depending on the nature and complexity of the dispute.
Justice Bagchi stressed that while the Speaker must take his constitutional duty seriously, the court must also grant necessary leeway to account for complex, contested cases. He also highlighted the distinct constitutional roles of the Speaker and the judiciary.
Justice Bagchi highlighted the Speaker’s distinct constitutional function as the head of the legislature, noting with self-reflection that even the judiciary often falls short of adhering to its own procedural timelines.
The Court ultimately declined to impose a specific timeline on the Speaker. Instead, it decided to keep the petition pending and monitor the progress of the disqualification proceedings. CJI Surya Kant said the Court intended to “keep this petition alive” and obtain an update on the proceedings after a reasonable period.
The proceedings arose after 20 TMC Lok Sabha MPs allegedly broke away from the party in June and announced that they had joined the Nationalist Citizens Party of India (NCPI). They also sought recognition as a separate group in the Lok Sabha.
Abhishek Banerjee filed 20 separate disqualification petitions before Speaker Om Birla on June 18, alleging that the MPs had voluntarily given up their membership of the TMC and were therefore liable for disqualification under the Tenth Schedule of the Constitution.
Senior Advocate Kalyan Banerjee, appearing for Abhishek Banerjee, told the Court that notices were issued to the MPs on August 5, requiring them to respond within 14 days. After the MPs sought additional time, the deadline was extended until September 22. A further extension has since been sought. Kalyan Banerjee argued that the proceedings could not remain pending indefinitely.
Solicitor General Tushar Mehta opposed setting a judicial deadline, arguing that the Speaker understands his obligations and that all parties must be given a fair opportunity to present their case. He argued that the Speaker was exercising a constitutional function and that the proceedings could involve consideration of evidence and detailed submissions.
The Bench referred to the Supreme Court’s judgment in Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly, where it held that disqualification petitions under the Tenth Schedule should ordinarily be decided within a reasonable period. In the absence of exceptional circumstances, the Court had indicated three months as the outer limit.
The Court had also held in that case that prolonged inaction by the Speaker could be subjected to judicial review. However, the Bench on Wednesday stopped short of prescribing a similar deadline in the present matter.
The case was posted after six weeks, with the Solicitor General informing the Court that the MPs were in the process of filing their replies and would require approximately four weeks to do so.
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