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Is Anti-Defection law applicable to speaker?

We know that Speaker still remains loyal to his party. What if he himself defects to any other party?
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Comments

  • edited 8:14PM
    We know that Speaker still remains loyal to his party. What if he himself defects to any other party?
    When a member of Parliament is elected as the speaker, by convention he is assumed to have lost his party affiliations and is expected to act in a fair, non-partisan manner. Even in case of a tie on a bill in the Parliament, the speaker gets to caste the deciding vote. He can even caste a vote with the opposition, and will not be liable for defection. But this situation will never arise. You can see the logic why here.

    1. The Speaker's elected position is due to the vote given by ruling party. Voting against his own party, will eventually lead to the speaker being unseated!

    2. all cases of defection are dealt by the Speaker. A judged cannot be how own judge on the grounds of principle of natural justice.

  • edited 8:14PM
    In UK, a member, when elected speaker, has to resign from his party to maintain the neutrality of his office.

    However, in India, the speaker is not required to resign. By convention, it is assumed that the speaker will act in a neutral manner. He is considered to belong to any party as speaker.
  • edited 8:14PM
    yes, correct man..remember the case of Somnath Chaterjee of CPM in UPA -1 . Though he was from communist party, but he was very independent of the party. The CPM was not happy with him, but could do nothing.

    When voting on Nuclear Bill happened, and CPM . member of ruling coalition voted against the bill, somnath chatterjee had said that he would favour the bill in case a casting vote situation arose. thankfully samajwadi party and mayawati saved upa -1 and the situation never came.
  • edited May 2012
    We know that Speaker still remains loyal to his party. What if he himself defects to any other party?
    1. The Speaker's elected position is due to the vote given by ruling party. Voting against his own party, will eventually lead to the speaker being unseated!


    2. all cases of defection are dealt by the Speaker. A judged cannot be how own judge on the grounds of principle of natural justice.


    Is split stil considered defection ? i read in 91st amd this was omitted frm 10th sch.
    Also would like to know views on how calling splits a defection will affects political scenerio in the coalition era..
  • edited 8:14PM
    @kushal

    Thats correct. What I meant was the logical inconsistency in it. Thanks for the example though. :-)

    You do read up on politics, don't you?
  • edited 8:14PM
    Hey ayush, sry i deleted the comment as soon as i realized that u mentioned explicitly about a speaker exercising voting :) so yes, he will be unseated or should i say impeached/removed ?
  • edited 8:14PM
    no man, i dont read politics, just that sometimes the drama you watch on tv stays in ur head :P
  • edited 8:14PM
    Hey ayush, sry i deleted the comment as soon as i realized that u mentioned explicitly about a speaker exercising voting :) so yes, he will be unseated or should i say impeached/removed ?
    what u deleted was quite a smart idea actually B-)

  • edited 8:14PM
    @kushal88 It was indeed a good think you pointed out. NM :-)
  • edited 8:14PM
    Hey ayush, sry i deleted the comment as soon as i realized that u mentioned explicitly about a speaker exercising voting :) so yes, he will be unseated or should i say impeached/removed ?
    what u deleted was quite a smart idea actually B-)

    lol, on the contrary i did not read your post before writing it, uve already mentioned his name.. :P now plz stop pulling my leg guys :)
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