Maharashtra political crisis: CJI Chandrachud refers case to larger bench

SC said that the 2016 Nabam Rebia case, which held that the Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending, requires reference to larger bench

A five-judge constitution bench of the Supreme Court (SC) comprising Chief Justice of India (CJI) D Y Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha refered the Maharashtra politics crisis case to a larger bench on Thursday.

The SC said that the 2016 Nabam Rebia case, which held that the Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending, requires reference to a larger bench.

"We direct the case to be referred to a larger bench since these issues were not decided in Nabam Rebia. Whether temporary disablement of speaker can be misused by the speakers and whether a constitutional hiatus will be ensued due to temporary disablement of speaker", Chandrachud said.

The CJI further said that the issues such as whether a notice to remove the Speaker will restrict the powers of the Speaker to issue disqualification notices need examination by a larger bench.

"Having referred to the matter to a larger bench, Nabam Rebia did not strictly arise in this case and we decided the merits of this particular case", the CJI said.

"Although parties may have addressed the court on the applicability of Nabam Rebia, it cannot be accepted since the earlier order did not rely on Nabam Rebia", he added,

Chandrachud further said, "Legislative procedures serve objectives of having deliberations in house leading to better outcomes... these safeguard constitutional values. Article 212 cannot be interpreted to put all procedural irreugularities beyond judicial review.. to hold that legislature party appoints the whip will be like severing the umbilical chord... this is not the system as envisaged by the constitution. The 10th schedule will be rendered otiose.. courts cannot be excluded by Article 212 to examine the action of the Speaker in recognising the whip.