Even as the 12 suspended BJP MLAs have approached Governor Bhagat Singh Koshyari and plan on moving the Bombay supreme court over their suspension from Maharashtra Assembly for a year, Constitutional experts said neither the Governor nor the courts can interfere with the legislature proceedings because the Constitution bars them from doing so.
On Monday, the 12 BJP MLAs were suspended for one year from the state assembly for creating ruckus over OBC quota and misbehaving Shiv Sena legislator Bhaskar Jadhav, who was the speaker within the chair. Denying the fees levelled against them, all the BJP MLAs staged a walk out from the House.
Later, the 12 BJP MLAs met the Governor and urged him to remain the suspension order. The Governor promised to seem into the difficulty . The BJP is additionally likely to approach the supreme court to urge the stay suspended, party sources said.
However, Constitution experts told The Indian Express that neither the Governor nor the courts have a right to interfere with House proceedings. “Though the BJP MLAs approached the Governor and urged him to remain the suspensions, the Governor can do little on this count. The Constitution doesn’t allow him the proper to interfere with the proceedings of the state legislature. Similarly, albeit the MLAs approach the court, the court won’t be ready to do much during this think of the Constitution restricts supreme court or the Supreme Court from interfering with internal proceedings of the house,” said Constitution expert Ulhas Bapat.
Bapat said this wasn’t the primary time MLAs are suspended for a year and neither was the punishment harsh. “In fact, it had been an appropriate punishment. How dare they rush into the well of the House, snatch the mike and mace and disrupt the proceedings? they’re MLAs who are alleged to raise public issues within the House. they’re not goondas to behave in an unruly manner. this type of behaviour isn’t expected from people’s representatives,” he said.
Bapat said the state BJP is within the habit of rushing to the Governor for each issue. “But this point , it’ll not work. Governor has no right whatsoever to interfere with the proceedings of the legislature.”
Jadhav had told the Assembly that the BJP MLAs not only rushed to the well, tried to grab the mike and mace kept on the Speaker’s table, but also used abusive language against him. BJP MLA Ashish Shelar, however, denied that the MLAs were abusive. He said it had been a one-sided action and therefore the ruling party members who also indulged in verbal duels were spared.
Anant Kalse, former Principal Secretary, Maharashtra Legislature Secretariat, said, “Under Article 226 of the Constitution, the MLAs can approach the supreme court . However, Article 212 prevents the courts from interfering with the interior matter of the House or what goes inside the House. Only the speaker has the proper to make a decision or take turn the interior proceedings of the House. Article 212 of the Constitution, says…
“Courts to not discuss proceedings of the Legislature. The Constitution has clearly laid down that the validity of any proceedings within the state legislature shall not be called in question on the bottom of any alleged irregularity of procedure.”
Bapat said the sole option before the MLAs is to apologise to the Speaker. “After which the speaker can take the choice either to reduce the punishment or waive it,” he said.
Kalse said the Speaker, Opposition leader and ruling party leaders can sit together and resolve the difficulty . “There is not any got to attend the courts or the Governor. All the three can sit together and may resolve the difficulty . The BJP MLAs can tender an apology either orally or in writing. that’s the simplest solution. within the past too such things have happened several times. Suspensions were withdrawn an equivalent day after the unruly MLAs had said sorry,” he said.
The suspended legislators include Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Majahan, Atul Bhatkhalkar, Parag Alavani, Harish Pimple, Ram Satpute, Jayakumar Rawal, Yogesh Sagar, Narayan Kuche and Kirtikumar Bhangdiya.
