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Analyse the Supreme Court’s latest decision on the Speaker as the adjudicating authority under the anti-defection law. How far is it justified?

Topic:  Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

3.  Analyse the Supreme Court’s latest decision on the Speaker as the adjudicating authority under the anti-defection law. How far is it justified?(250 words)

The Hindu

Why this question:

In a recent judgment the Supreme Court ended Speakers’ freedom to do nothing in disqualification cases. Thus the question.

Key demand of the question:

Discuss in detail the pros and cons of such a judgment. Analyse how far it is justified.

Directive:

Analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.

Structure of the answer:

Introduction:

Briefly mention the observations made by the Apex court.

Body:

Discuss the two aspects that are clear of the judgment.

The first is that Parliament should replace the Speaker with a “permanent tribunal” or external mechanism to render quick and impartial decisions on questions of defection. Few would disagree with the Court’s view that initial fears and doubts about whether Speakers would be impartial had come true. The second is its extraordinary ruling that the reference by another Bench, in 2016, of a key question to a Constitution Bench was itself unnecessary.

Take hints from the article and provide for a detailed analysis of the judgment.

Conclusion:

Conclude with way forward.