ROLE OF THE OFFICE OF SPEAKER AS AN ADJUDICATORY AUTHORITY UNDER ANTI-DEFECTION LAW IN INDIA: A CRITICAL STUDY

Abstract

The office of the Speaker in India enjoys a constitutional status and is considered to be a person of high integrity, dignity and value ethics and thus, he was conferred with the responsibility of deciding matters arising under the Tenth Schedule. However, recently it has been observed that the elected representatives would often slip from clutches of application of law. It has been noted that decisions by the Speaker are often challenged in the courts of law as there is dissatisfaction and allegations of bias. Thus, the objectives of the author in the present research was to critically analyse the role of Speaker as an adjudicatory authority under the Tenth Schedule and to also study the conflict that has arisen between the courts and the Speakers. The author has conducted a doctrinal study and has analysed primary sources as well as secondary sources. The present research argues that there is inefficiency of Anti-Defection Law in India due to the partisan role of the Speaker and has further concluded that the august office of Speaker should be kept out of such controversial matters. Therefore, to protect and uphold the democratic principles in India, the author has suggested constitution of an independent Tribunal to decide matters of defection.