PANJIM: Goa is one of the states which faces most amount of political instability due to defections. These defections are from the Opposition to the Ruling party in search of self benefit. Since India does not follow the convention of the Speaker resigning from his party. He is a party official. In this Edition of Street Voices we asked people “Should there be a constitutional amendment to remove the speaker from deciding disqualification petitions of MLAs?"
First split in the party was allowed. They removed the split because MLAs were splitting on a retail basis. They retained merger (of one party with another). Now MLAs are merging on a wholesale basis. So defection by merger is on wholesale basis. So merger should be removed through change in the law. Secondly, it took the Speaker about two and half years to give a decision. This power to decide should not be with the Speaker at all. This power should go to some independent body such as the Election Commission of India or to the High Court directly
CLEOFATO COUTINHO Advocate
There should be no doubt that a person who has interest in the subject matter, cannot be also a judge. If he disqualifies the 8 or 10 MLAs the implications goes against the party to which he belongs. Even for that matter the government may collapse. Therefore the Speaker will not decide against his own party interest. And we have seen this in 80 disqualification petitions filed under the Tenth Schedule. The Tenth Schedule should be abolished and Section 29 A of the Representation of the People’s Act, a section should be added where the procedure for split is laid down.
Radharao Gracias Advocate
There should be some amendment to the power of the Speaker to decide on disqualifications. Because I do not feel that the Speaker is able to give a right decision. I feel it will be better if the Speaker’s power is taken away and the power is given to the Court. There should be an amendment to the Constitution and what is good for the people should be done.
Amar Naik Advocate
If this is the way our Assembly functions, the power should be taken away from the Speaker it should be given to a judicial body. There is only one reason for this. If it takes two years to give one decision, in future when the MLAs want to defect, they will have no fear (of the law). There should be fear of the law among the MLAs who defect.
Shailesh Gawas Advocate