Does the role of speaker in parliament regarding 52nd Constitutional amendment act 1985, infringes the basic structure of the constitution? Analyse (200 Words)
Refer - The Indian Express
Enrich the answer from other sources, if the question demands.
vikrantsingh 5 years
please review
IAS Parliament 5 years
Good attempt. Keep Writing.
IAS Parliament 5 years
KEY POINTS
· The landmark judgment in Kihoto Hollohan vs Zachillhu And Others (1992), in which the court upheld the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.
· The law covering the disqualification of legislators and the powers of the Speaker in deciding such matters became part of the statute book in 1985 when the Tenth Schedule to the Constitution was adopted.
Power of the speaker infringing basic structure of the constitution
· The tenure of the Speaker, who is the authority in the Tenth Schedule to decide this dispute, is dependent on the continuous support of the majority in the House .
· Therefore, he does not satisfy the requirement of such an independent adjudicatory authority.
· An independent adjudicatory machinery for resolving disputes relating to the competence of Members of the House is envisaged as an attribute of the democratic system which is a basic feature of our Constitution choice as the sole arbiter in the matter violates an essential attribute of the basic feature.
· Speaker having broad powers, given that there is always a reasonable likelihood of bias.
· Speaker tend to rule in favour of the ruling party.
· Difficult in enforcing system of checks and balances, despite the decision of the speaker subjected to judicial review.
Santosh kulkarni 5 years
Kindly review. Thanks.
IAS Parliament 5 years
Good attempt. Keep writing.
ASHISH kumar 5 years
IAS Parliament 5 years
Sorry, we are an English medium website. We are not equipped to evaluate in Hindi. Kindly try to send your answers in English. Keep following.
Sushil Ranjan 5 years
Sir, Please review.
IAS Parliament 5 years
Need better understanding. Try to give an analysis about the powers provided to speaker, it's scope, usage, system of checks and balances. Keep writing.
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