By Express News Service
Maharashtra Legislative Assembly Speaker Rahul Narvekar exclusively spoke to Sudhir Suryawanshi on the Supreme Court judgment in connection with the disqualification of 16 MLAs of Shiv Sena that includes Chief Minister Eknath Shinde. Narvekar said that there would not be any intentional delay from his side while hearing all the disqualification petitions and it will be a landmark verdict.
After the Supreme Court verdict over the disqualification of 16 Shiv Sena MLAs of Eknath Shinde faction, another faction led by Uddhav Thackeray has met you and given the letter to act on the judgment and take the decisions soon. When will the hearing process start?After the Supreme Court judgment, there are certain guidelines that are laid down and the speaker is called upon first to assess which group represented the political party back in June 2022. After that, he will have to take the desire of the political party and recognise the whip and its party leader as well. So, the starting point for my mind will be which is the right political party. Thereafter, recognise the whip, then get into the merit of each case filed by both the factions of the Shiv Sena. I have to also check and see whether they comply or meet the requirements of schedule 10, para II of the Constitution.
The whip is a major contentious issue. So, whose party whip will be applicable? The court said the elected representatives cannot be the party, and the political party will be the only party that has the right to appoint the leader and the whip. So, whose whip will be applicable?The Supreme Court said the political party can nominate the group leader or party leader and the whip. And this perhaps is the interpretation of Schedule 10 of the Constitution. So, based on that we will take a decision on whose political party is party and who has the right to appoint the whip.
The Supreme Court is clear on whose whip is valid and whose is invalid. How you will interpret it?I do not think the Supreme Court has specifically stated in the judgement. The Supreme Court has left it to the speaker to adjudicate who really represents the political party. And based on that what was the desire of the political party? All aspects we have to check and take the decisions.
The Supreme Court has upheld the constitutional discipline where the legislature has recognised to do its own work, while the judiciary will do its own work and the executive will do its own work. So, there is interference in each other work and jurisdictions. So, deciding disqualification is the authority of the Speaker.
The court has rightly held that Speaker has to decide on disqualification matters. So, they refused to intervene in this matter.
Everyone, including the Opposition and Eknath Shinde-led Shiv Sena, is claiming that the judgment is one of the best and it’s in their favour only. How do you see it? Everyone is free to interpret the Supreme Court judgement and analyse it and what they feel it is the right judgement for them. But at the end of the day, the Constitution is supreme.
Neither the Supreme Court nor the speaker is above Constitution, nor is the executive. We have to abide by what the Constitution has said and its constitutional provisions. There is no question that anyone is right or wrong.
An important line of the judgment is speaker has to deal with the disqualification petitions in a reasonable time. So, what exactly is the reasonable time? Can you specify? Reasonable time is a very subjective term and the criteria depend on case to case, the facts of each case, and the complexity of each case. However, it is my endeavour to decide and adjudicate the matter at the earliest possible possible occasion. I would like to emphasise that there will not be any delay from my side while dealing with this matter. But we have to keep in mind that we have to carry out all procedures laid down by the business rules of the House and the Constitution. We have to follow all the rules. We have to follow the principle of natural justice. And then take the decisions.
While hearing the matter, the 16 MLAs’ disqualification petitions will be dealt with or remaining MLAs’ petitions will be heard?There are a total of 34 petitions filed before the Speaker’s office and legislate secretariat. We have to hear all these filed petitions and take the decisions. These petitions have been filed by both the Shiv Sena factions — Eknath Shinde-led Shiv Sena and Uddhav Thackeray-led Shiv Sena. We also need to see the sequence of the petitions.
You are the Speaker of the Maharashtra assembly but at the same time, you are also a member and MLA of the ruling party BJP. So, will it have an impact on your decisions and dealing with the disqualification petitions of the MLAs? Is there any pressure from the party side or the alliance side? Individuals are the member of the party and they are elected on the party ticket and symbol. But when the MLA of any party is elected as speaker of the House, he or she is not more part the party in House. He or she represents the entire House, not any particular party. So, it will be unfair to attribute malice to the speaker’s office only because he is a member of any political party.
Every speaker of the State Assembly is a member of some other political party. But when he assumed the office, then he removes the gown of his party and political party and plays an impartial role while running the procedure of the House.
There is no pressure but this is a very interesting case and the judgement of this case will be a landmark judgement. The decisions, in this case, will be taken in accordance with the law and constitutional provisions. So, I will try to deliver as responsibly as possible.
Maharashtra Legislative Assembly Speaker Rahul Narvekar exclusively spoke to Sudhir Suryawanshi on the Supreme Court judgment in connection with the disqualification of 16 MLAs of Shiv Sena that includes Chief Minister Eknath Shinde. Narvekar said that there would not be any intentional delay from his side while hearing all the disqualification petitions and it will be a landmark verdict.
After the Supreme Court verdict over the disqualification of 16 Shiv Sena MLAs of Eknath Shinde faction, another faction led by Uddhav Thackeray has met you and given the letter to act on the judgment and take the decisions soon. When will the hearing process start?
After the Supreme Court judgment, there are certain guidelines that are laid down and the speaker is called upon first to assess which group represented the political party back in June 2022. After that, he will have to take the desire of the political party and recognise the whip and its party leader as well. So, the starting point for my mind will be which is the right political party. Thereafter, recognise the whip, then get into the merit of each case filed by both the factions of the Shiv Sena. I have to also check and see whether they comply or meet the requirements of schedule 10, para II of the Constitution.
The whip is a major contentious issue. So, whose party whip will be applicable? The court said the elected representatives cannot be the party, and the political party will be the only party that has the right to appoint the leader and the whip. So, whose whip will be applicable?
The Supreme Court said the political party can nominate the group leader or party leader and the whip. And this perhaps is the interpretation of Schedule 10 of the Constitution. So, based on that we will take a decision on whose political party is party and who has the right to appoint the whip.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2′); });
The Supreme Court is clear on whose whip is valid and whose is invalid. How you will interpret it?
I do not think the Supreme Court has specifically stated in the judgement. The Supreme Court has left it to the speaker to adjudicate who really represents the political party. And based on that what was the desire of the political party? All aspects we have to check and take the decisions.
The Supreme Court has upheld the constitutional discipline where the legislature has recognised to do its own work, while the judiciary will do its own work and the executive will do its own work. So, there is interference in each other work and jurisdictions. So, deciding disqualification is the authority of the Speaker.
The court has rightly held that Speaker has to decide on disqualification matters. So, they refused to intervene in this matter.
Everyone, including the Opposition and Eknath Shinde-led Shiv Sena, is claiming that the judgment is one of the best and it’s in their favour only. How do you see it?
Everyone is free to interpret the Supreme Court judgement and analyse it and what they feel it is the right judgement for them. But at the end of the day, the Constitution is supreme.
Neither the Supreme Court nor the speaker is above Constitution, nor is the executive. We have to abide by what the Constitution has said and its constitutional provisions. There is no question that anyone is right or wrong.
An important line of the judgment is speaker has to deal with the disqualification petitions in a reasonable time. So, what exactly is the reasonable time? Can you specify?
Reasonable time is a very subjective term and the criteria depend on case to case, the facts of each case, and the complexity of each case. However, it is my endeavour to decide and adjudicate the matter at the earliest possible possible occasion. I would like to emphasise that there will not be any delay from my side while dealing with this matter. But we have to keep in mind that we have to carry out all procedures laid down by the business rules of the House and the Constitution. We have to follow all the rules. We have to follow the principle of natural justice. And then take the decisions.
While hearing the matter, the 16 MLAs’ disqualification petitions will be dealt with or remaining MLAs’ petitions will be heard?
There are a total of 34 petitions filed before the Speaker’s office and legislate secretariat. We have to hear all these filed petitions and take the decisions.
These petitions have been filed by both the Shiv Sena factions — Eknath Shinde-led Shiv Sena and Uddhav Thackeray-led Shiv Sena. We also need to see the sequence of the petitions.
You are the Speaker of the Maharashtra assembly but at the same time, you are also a member and MLA of the ruling party BJP. So, will it have an impact on your decisions and dealing with the disqualification petitions of the MLAs? Is there any pressure from the party side or the alliance side?
Individuals are the member of the party and they are elected on the party ticket and symbol. But when the MLA of any party is elected as speaker of the House, he or she is not more part the party in House. He or she represents the entire House, not any particular party. So, it will be unfair to attribute malice to the speaker’s office only because he is a member of any political party.
Every speaker of the State Assembly is a member of some other political party. But when he assumed the office, then he removes the gown of his party and political party and plays an impartial role while running the procedure of the House.
There is no pressure but this is a very interesting case and the judgement of this case will be a landmark judgement. The decisions, in this case, will be taken in accordance with the law and constitutional provisions. So, I will try to deliver as responsibly as possible.
