Getting ahead of constitutional practices

Context: Constitutional principles and practices are not being followed in disqualification proceedings in Rajasthan.

Concerns related to challenging of disqualification proceedings:

• Cannot be legally challenged:  Speaker’s act of forwarding the petition cannot be legally challenged as he is acting in accordance with the rules.

• Rules require the petitioner to satisfy himself about the reasonableness of the ground for disqualification. 
• Only through a proper hearing, the Speaker will be able to know whether reasonable grounds exist for disqualification.

• Bar on interlocutory intervention: In the Kihoto Hollohan case barred any interlocutory intervention by the court in the Tenth Schedule proceedings. Because any member can obtain a stay on the disqualification proceedings.

• No discretional powers: The NabamRebia case makes it clear that so long as the Chief Minister enjoys majority support, the Governor is bound to accept the decisions of the Cabinet in regard to the date of commencement of the session. 
• No role in the conduct of the business: Governor has no role in the conduct of the business of the House. 
• No right to refuse: In the Shamsher Singh case it was made clear that the Governor has no right to refuse to act on the advice of the Council of Ministries.
• The 21-day period: The Rajasthan House rule itself provides for a session at shorter notice. If the government feels the urgency, it is well within its power to convene the House at shorter notice.

Conclusion: Need to uphold well-established constitutional principles and practice. Otherwise, our democracy will be in trouble.