Proposal to shift disqualification power from Speaker to HC judge

In a lecture at the Justice (retired) K T Desai Memorial event on Monday, senior advocate Arvind P Datar put forth a suggestion to remove the Speaker of the Legislative Assembly’s authority in deciding disqualification proceedings for anti-defection under the Tenth Schedule of the Constitution. Datar proposed that the matter should instead be decided by a dedicated judge or bench in the respective High Court assigned to hear election petitions.
Addressing the audience, Datar emphasized the need to eliminate the Speaker from the disqualification decision-making process, citing concerns about impartiality and objectivity due to the Speaker’s political affiliation. He argued that historical data showed a lack of instances where a Speaker voted against their own party.
Datar referred to past judgments, highlighting the expectation of outstanding ability and impartiality from the Speaker. However, he pointed out the inherent bias stemming from the Speaker’s political party membership.