Advertisement

Updated March 18th, 2020 at 21:59 IST

Supreme Court puts foot down, bans BJP minister from Manipur assembly in landmark order

The Supreme Court on Wednesday restrained BJP’s Thounaojam Shyamkumar Singh from entering the Legislative Assembly in Manipur and also ceased his ministership

Reported by: Nalini Sharma
Supreme Court
| Image:self
Advertisement

In what can be considered as a landmark order, the Supreme Court on Wednesday restrained BJP’s Thounaojam Shyamkumar Singh from entering the Legislative Assembly in Manipur and also ceased his ministership in the Cabinet with immediate effect.

The order passed by a bench of Justice Rohinton Fali Nariman and Justice S. Ravindra Bhat came after Solicitor General Tushar Mehta sought time from the Court on behalf of the Speaker of the Manipur Assembly, stating that by March 28, the Speaker would definitely take a decision on Shyamkumar’s disqualification. 

SC had ordered Speaker to decide the disqualification

In January, the Supreme Court had ordered the Speaker of the Assembly to decide the disqualification applications filed against Thounaojam Shyamkumar within four weeks. Thirteen disqualification petitions had been pending before the Speaker from as early as April 2017. Soon after the Supreme Court judgment, the Speaker had approached the top court asking for eight more weeks to decide on the complaints. In response, cross-appeals had also been filed asking the Court to step in and take charge instead. 

READ | Amid Rising Coronavirus Cases, Supreme Court Further Restricts Functioning To Limit Spread

On March 4 when the fresh pleas were considered by the bench, the Counsel for the Speaker told the Supreme Court that a decision will be taken within ten days. On Wednesday, however, when the case was called out, the Solicitor General asked for time till March 28. “March 28 has been notified for pronouncement of judgment by the Speaker,” Mehta said.

The bench, however, put its foot down and decided to take matters into its own hands. Not only was Thounaojam Shyamkumar removed as a Minister in the Cabinet, but the Court also restrained him from entering the Legislative Assembly. 

READ | Rebel MP MLAs Refuse To Meet Kamal Nath; Supreme Court Says They Cannot Be Coerced

This order from the Supreme Court is one of the few cases where the principle of Separation of Powers between different arms of democracy have overlapped. The judiciary chose to exercise its powers under Article 142 and directly interfere with the functioning of a Legislative body. This order becomes even more relevant in light of the recent debate on whether the Supreme Court can impose a time limit on the Speaker to decide the complaints pending before him. It also highlights the persisting question surrounding the independence of the Speakers in legislative bodies.

READ | Supreme Court Transfers Dr Kafeel's 'instigating Speech' Case To Allahabad HC

READ | Supreme Court Asks Centre To Inform The Court About Omar Abdullah's Release By Next Week

Advertisement

Published March 18th, 2020 at 21:59 IST

Your Voice. Now Direct.

Send us your views, we’ll publish them. This section is moderated.

Advertisement
Advertisement

Trending Quicks

Advertisement
Advertisement
Advertisement
Whatsapp logo