[Rajasthan Assembly Speaker's Plea Against HC Order] Live Updates From Supreme Court

Sibal explains the scope of notice being issued in a State Assembly:

Tenth Schedule Rules are framed by each Assembly. If the legislative party feels that situation has led to someone voluntarily giving up membership of the party, a notice has to be issued.

Sibal is now reading the notice issued by Rajasthan Speaker, CP Joshi to SachinPilot and other MLAs.

Justice Mishra - Who issued it ?

Sibal - The Chief Whip issued. A Whip is not defined. But, this was not a Whip that was issued; this was notice issued by Chief Whip.

Sibal informs the Bench that the only stage where HC could have interfered was interlocutory disqualification, that too with great repercussion.

“Hollohan laid this down”, reiterates KS and informs the Bench that the same was argued before the HC. 

Sibal further stresses on the legal point that Court cannot pass a protective order.

“When HC extended time and said no directions will be passed, that was a protective order. HC’s order is in the teeth of the Tenth Schedule. It cannot be done.”

Sibal informs the Court that his submission is that prior to the decision of the Speaker, there can be no interference. Therefore, no Writ can lie 'prior to the decision' [lays emphasis]. 

Sibal - Judicial review is possible only when person is Disqualified or Suspended while proceedings are on.

Justice Mishra - So, it's not absolute.

Sibal - No, milord, there is that one exception. 

Sibal, in response to Justice Mishra’s question about “exception” submits to the Bench that the Speaker cannot disqualify person before he decides, is the exception. 

Justice Mishra- yes, so court can't intervene at that stage, if proceedings are on before court.

KS- only if disqualified or suspended

Sibal submits, while the Speaker's decision on disqualification is subject to judicial review, anything that happens before & after the decision is not.

“Judicial review is not permissible at a stage prior to the making of a decision by the Speaker."

Sibal argues on the aspect of Tenth Schedule & submits that all proceedings regarding any question of disqualification will confined to proceedings within the house.

“Because of the finality clause and because these are proceedings within the house, they cannot be challenged.”