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26th May 2025 (13 Topics)

Karnataka Speaker Revokes Suspension of MLAs

Context

On May 26, 2025, Karnataka Legislative Assembly Speaker U.T. Khader revoked the six-month suspension of 18 BJP MLAs, originally penalized on March 21 for disorderly conduct in the House. The revocation followed expressions of remorse by the legislators and political consultations among ruling and opposition leaders.

Power of the Speaker in State Legislatures:

  • Under Article 212 of the Indian Constitution, courts cannot inquire into the validity of proceedings in the legislature.
  • The Speaker derives powers to maintain decorum and order in the House under Rules of Procedure and Conduct of Business of the respective State Assembly.
  • The suspension of members is within the Speaker’s powers to ensure orderly functioning of the legislature.

Legal Precedents and Constitutional Position:

  • Supreme Court Ruling in Raja Rampal Case (2007): The Court upheld that legislatures have the power to expel or suspend members, but such actions must adhere to the principle of proportionality and procedural fairness.
  • In Lok Prahari v. Union of India (2018), it was affirmed that the Speaker's decisions must align with the rule of law and constitutional morality.

Duration of Suspension – Legal Limitations:

  • SC Judgment (2022) in Shiv Sena MLAs suspension case (Maharashtra): The suspension of MLAs for more than one session was deemed unconstitutional. This judgment stressed that long-term suspensions impair representation of constituencies and violate the principle of representative democracy.
Legislative Conduct and Privileges:
  • Legislators are expected to uphold the dignity of the House.
  • Under Article 194, State Legislatures have powers and privileges similar to Parliament, but these are subject to constitutional provisions.
Role of Apology and Political Mediation:
  • The revocation following expressions of regret and inter-party dialogue illustrates the quasi-judicial and reconciliatory role of the Speaker.
  • It highlights how political consensus and procedural decorum influence the functioning of a parliamentary democracy at the state level.
Related Institutions:
  • Governor's Role: Though not directly involved in legislative suspensions, the Governor may play an informal role through advisory influence.
  • Law Minister's Consultation: Reflects executive-legislative interface in resolving procedural deadlocks.

Q. Consider the following statements:  (2019)

  1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.
  2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately.

Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Verifying, please be patient.

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