NEW DELHI: The notice issued by Rajasthan Assembly Speaker C P Joshi to Sachin Pilot and 18 other party members on the basis of a petition filed by chief whip of the Congress party is legally tenable.
But, constitutional experts opined, if the petition has demanded action against the MLAs on the basis of the defiance of the party whip that was issued, then it will hold no ground in court and can be challenged.
Constitutional expert PDT Achary explained, “Though the Speaker has enormous powers to disqualify a member, but not on the ground that members have defied a whip by not attending legislature party meetings. Whip is applicable only in relation with the proceedings inside the House.”
“The Speaker is well within its right to seek explanation from the member of the House.
If he thinks that action of the member is against the party and due to which the government is destablised, then the Speaker can take action but not on the basis of defiance of whip issued by the party,” Achary added.
Echoing the same views, former Secretary General of the Lok Sabha and constitutional expert Subhash Kashyap said, “Whip by definition applies only when the proceedings are going on in the House and the party has mandated that every member should be present and vote on the lines decided by the party.
It does not apply to general legislative party meetings.” Kashyap further said, “The Speaker, in this case, can act only when he receives a petition from a member of the House against the members, accusing them of violating the anti-defection law under the Xth schedule of Constitution and not otherwise.”
Pilot was sacked as deputy CM and state Congress chief after he, along with his loyalist MLAs, skipped the Congress Legislature Party meetings in Jaipur on Monday and Tuesday.