Rajasthan Political crisis has knocked the door of Supreme Court. Speaker of the state assembly, CP Joshi has filed the Special Leave Petition to the Apex court challenging the High Court order. The SC is likely to hear the matter on 23rd july.
Judiciary vs. Legislature
Former Deputy Chief Minister of state, Sachin Pilot and eighteen other rebel congress MLAs were served disqualification notices by the state assembly to the dissidents for “anti-party activities” last week. Against this notice Pilot and his supporter MLAs approached the High Court. On July 21st the HC granted some relief and had requested to the Speaker to extend the period given to the Pilot and his camp to reply the notice till the evening of July 24.
Differing to the decision of the High Court, Speaker C.P Joshi called a press conference and showed his displeasure against the HC order. Joshi said, “There should be no conflict between the judiciary and the legislature. The role of everyone in the parliamentary system is well defined. The Supreme Court gave instructions in 1992 to stop Aya Ram Gaya Ram culture, in which the Speaker has the right to disqualify members for defection. No one has the right to interfere in the process.”
He also said that, “In 1992, the constitutional bench of the Supreme Court made it clear that under the anti-defection law, the speaker has the right on the issue of disqualification. No one can interfere in the Speaker’s decision,” adding further he said, ‘‘whatever judgment the court has given, I have respected till now. However, does this respect and acceptance mean that one authority overlaps the role of the other?”
Drama in the SC
After filing of Special Leave Petition by the Speaker, Pilot camp has also filed a caveat in the SC, asking to be heard before the court takes a decision on the Speaker’s request.The apex court will hear the matter on July 23rd. Congress leader and Senior Advocate Kapil Sibal will represent the Speaker in this case. From Pilot’s camp Mukul Rohatgi, will be their lawyer.
What is Special Leave Petition?
Special Leave Petitions or SLP is filed in the Supreme Court only when any substantial question of law is involved or gross injustice has been done. This is a “residual power” given to the Supreme Court by the Constitution of India under article 136.
It provides the aggrieved party a special permission to be heard in Apex court. It can be appealed against any judgment or order of any Court or tribunal in the territory of India, except the military court.
SLP is not a right to the aggrieved party but the Supreme Court has privilege to grant special leave. The SC may also refuse to grant the leave to appeal by exercising its discretion.
Eduindex News 