Gujarat Decision Wrong: Sangma

While replying to reporters' questions on Gujarat deputy speaker Chandubhai Dabhi's controversial ruling, Sangma said the Tenth Schedule of the Constitution empowered a Speaker alone to recognise a separate faction. Ironically, Sangma and Dabhi belong to the same party, the Congress.

Though the Speaker refused to answer specific queries relating to the Gujarat imbroglio, saying that his statement at Nagpur on Sunday was merely made on an academic issue, he made his position clear enough at the press conference, which he chose to call in mid-session, at a time when he was bound to be asked about the controversial issue. Sangma had made similar observations at Congress MP Datta Meghe's residence in Nagpur, when newsmen confronted him with queries.

If a speaker gives a ruling on the split of a political party, or the recognition of a political party or the disqualification of any member, under the Tenth Schedule of the Constitution, that decision can be neither challenged by a deputy speaker nor the court, said Sangma in Delhi.

When asked whether a deputy speaker had the right to give a ruling on a split or recognise a political party, Sangma said that a deputy speaker could not use his power for the purpose of interpreting the Tenth Schedule.

He said that a deputy speaker could not give a ruling on such matters if the speaker had not given one. Even in a situation where the speaker's post was vacant and the deputy speaker was acting as speaker, this was a debatable point, clarified Sangma.

If the speaker is merely absent from the House, the deputy speaker cannot give a ruling on such matters. I think it's very clear, he said. However, Sangma refused to go into details when asked about a Gujarat-like situation where the Speaker was incapacitated. I don't know what has happened there.

Sangma also stressed that it was only on items pertaining to the Tenth Schedule where a deputy speaker could not give his own ruling or over-rule the verdict given by the Speaker. The deputy speaker, he added, could over-rule earlier rulings (of the speaker) if it was on rules and procedures of the House.

He subtly justified the subsequent decision of Gujarat assembly speaker to reconvene the House, which was adjourned sine die by Dabhi earlier, on the same day. He said that even if a deputy speaker had adjourned the house sine die, the Speaker could reconvene it without any notice. Technically, in case of sine die, the House can be adjourned any moment, he said.