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Welcome assertion

Welcome assertion : On the defection issue and the Supreme Court’s deadline for the Maharashtra Speaker

Matters of defection should be taken out of the purview of the Speaker

It is a welcome sign of judicial assertion that the Supreme Court of India has fixed a deadline for the Maharashtra Assembly Speaker to adjudicate on petitions seeking the disqualification of members who had broken away from the leadership of the Shiv Sena and the Nationalist Congress Party (NCP). Long experience shows that Speakers tend to treat disqualification issues with great alacrity or supine indifference , depending on their political affiliations . Despite being reminded from time to time of their duty to remain neutral and demonstrate a sense of urgency in dealing with questions arising out of the Tenth Schedule of the Constitution, the anti-defection law, presiding officers appear to place political loyalties above their constitutional duty. It is quite fitting , therefore, that the apex-court has asked Speaker Rahul Narwekar to decide the disqualification petitions against Chief Minister Eknath Shinde’s camp by December 31 and those concerning the NCP’s breakaway group headed by Deputy Chief Minister Ajit Pawar by January 31, 2024. The directions are a natural follow-up to the outcome of a Constitution Bench decision on May 11, 2023, in which the Speaker was asked to decide the disqualification issue “within a reasonable period”. The verdict came in a case that arose out of a split in the Shiv Sena, leading to a change of regime , with Uddhav Thackeray being succeeded by Mr. Shinde as Chief Minister.

None can dispute that the Speaker has had enough time to decide the matter, even though a few procedural aspects and the clubbing of petitions may account for some delay. In an earlier order in September, the Court had observed that it expected the Speaker to show deference to its directions, especially when he is acting as a tribunal under the Tenth Schedule. Even without judicial orders, the issue of whether a member has incurred disqualification is not a matter which can be dealt with in a leisurely or partisan manner. Recent political history is rife with instances of ruling parties casually recruiting members of the Opposition in several States without any fear of disqualification, as they know that friendly Speakers will not disqualify them. At the end of its judgment in the Karnataka disqualification case, the Court observed that “there is a growing trend of Speakers acting against the constitutional duty of being neutral”. In Manipur, the Court went so far as to remove a Minister from office after the Speaker failed to decide, even long after the expiry of a judicial deadline, whether the Minister had incurred disqualification for defection. So long as the Speaker is vested with the authority to adjudicate disqualification issues, it will be difficult to free matters of defection from the thicket of politics.

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Assertion (noun) – Declaration, claim, statement, affirmation, pronouncement

अभिकथन

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Defection (noun) – The act of deserting a party, cause, or allegiance

. दल-बदल

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Purview (noun) – Range or scope of authority or control.

दायरे

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Adjudicate (verb) – Judge, decide, resolve, arbitrate, determine

निर्णय करना

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Seek (verb) – Search for, ask for, request, solicit, pursue

मांगना

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Disqualification (noun) – The action of disqualifying or the state of being disqualified.

अपात्रता

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Alacrity (noun) – Eagerness, readiness, willingness, enthusiasm, promptness

तत्परता

 

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Supine (adjective) – inactive, passive, or inert, especially from indolence or indifference.

निष्क्रिय

 

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Indifference (noun) – Lack of interest, concern, or sympathy.

उदासीनता

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Affiliation (noun) – The state or process of affiliating or being affiliated; association, partnership.

संबद्धता

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Neutral (adjective) – Impartial, unbiased, nonpartisan, objective, uninvolved

तटस्थ

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Demonstrate (verb) – Show, display, exhibit, present, illustrate

प्रदर्शन करना

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Urgency (noun) – Importance requiring swift action.

तत्कालता

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Deal with (phrasal verb) – Manage, handle, address, tackle, attend to

निपटना

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Anti-defection law (noun) – A law passed to prevent political defections and stop politicians from switching parties for incentives.

दल-बदल विरोधी कानून

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Presiding officer (noun) – An officer who presides over a meeting, committee, or deliberative assembly.

अध्यक्ष

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Fitting (adjective) – Suitable, appropriate, proper, apt, right

उचित

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Apex court (noun) – The highest court in a country.

सर्वोच्च न्यायालय

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Petition (noun) – A formal written request, typically one signed by many people, appealing to authority with respect to a particular cause.

याचिका

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Camp (noun) – Faction, group, sect, caucus, contingent

गुट

 

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Concerning (preposition) – Regarding, about, pertaining to, with respect to, in relation to

संबंधित

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Breakaway (adjective) – Seceding, splitting, departing, dissident, renegade

टूटे

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Follow-up (to) (noun) – Sequel, continuation, progression, subsequent action, next step

आगे की कार्रवाई

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Outcome (noun) – Result, consequence, upshot, aftermath, end result

परिणाम

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Constitution Bench (noun) – A special bench of the Supreme Court in India that is defined in the constitution for its composition and the specific types of cases it handles, especially those pertaining to constitutional law.

संविधान पीठ

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Verdict (noun) – Judgment, decision, ruling, pronouncement, finding

निर्णय

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Lead (to) (verb) – Result in, cause, bring about, contribute to, precipitate

वजह बनना

 

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Regime (noun) – Government, administration, authority, command, rule

शासन

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Succeed (verb) – Follow, replace, take over, assume the position of, come after

उत्तराधिकारी होना

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Aspect (noun) – Feature, facet, dimension, characteristic, element

पहलू

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Clubbing (noun) – Merging, combining, amalgamating, consolidating, joining

संयोजन

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Account for (phrasal verb) – be responsible for

के लिये उत्तरदयी होना

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Deference (noun) – Respect, regard, esteem, reverence, honor

आदर

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Tribunal (noun) – Court, forum, judiciary, panel, adjudicatory body

न्यायाधिकरण

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Incur (verb) – Suffer, attract, bring upon oneself, become subject to, experience

उठाना

 

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Leisurely (adjective) – Unhurried, relaxed, easy, laid-back, slow

आराम से

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Partisan (adjective) – Biased, partial, prejudiced, one-sided, sectarian

पक्षपातपूर्ण

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Rife (with) (adjective) – Abundant, widespread, prevalent, full of, overflowing with

भरा हुआ

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Instance (noun) – Example, case, occurrence, illustration, incident

उदाहरण

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Ruling (adjective) – Governing, controlling, dominant, commanding, authoritative

सत्तारूढ़

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Vest (with) (verb) – to confer or bestow (power, authority, property, etc.) on someone

सौंपना

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Thicket (noun) – a large number of things that are not easy to understand or separate

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Tend (verb) – be inclined, be apt, be disposed, be prone

प्रवृत्त होना