The Maharashtra political crisis is not likely to end quickly. In a recent development, Governor Bhagat Singh Koshyari asked the Assembly secretary to convene a special session on Thursday for a floor test. The decision came after Eknath Shinde's Shiv Sena rebel camp said they had got a majority. The BJP then met the governor and asked for the floor test. The Assembly speaker will play a crucial role in the days ahead. Let's take a look:
Powers of the speaker
The Tenth Schedule of the Constitution bestowed special powers to the speaker and says that his or her decision will be final and binding upon everyone, in cases of defection and disqualification of members. In Maharashtra's case, the state is without a speaker after Nana Patole’s resignation, following his election as the state Congress chief. And that means Deputy Speaker Narhari Sitaram Zirwal will act on the speaker's behalf as per Articles 95 and 180 of the Constitution.
The Tenth Schedule
Introduced in 1985, the Tenth Schedule deals with matters related to defection and disqualification of legislators both at the Centre as well as the state level. It says that members can be disqualified if they voluntarily give up membership of the political parties they were affiliated with or abstain from voting in contrary to directions issued by the political party to which they belong without obtaining the prior permission of the party. It has given immense power to the speaker and says, "If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the chairman or, as the case may be, the speaker of such House and his decision shall be final." The disqualification cannot be carried out, however, if more than two-thirds of the members decide to defect.
Can Speaker's power be curtailed?
While the Supreme Court's 1992 verdict in the Kihoto Hollohan vs. Zachillhu case upheld the powers of the speaker in matters related to defection, a 2016 apex court judgment clarified that a speaker could not initiate the disqualification proceedings if a no-confidence motion was due against him or her.
Keeping to this 2016 verdict, several political leaders have tried to escape the disqualification process by initiating a vote of no-confidence against the speaker, thereby curtailing his or her power.
What can happen in Maharashtra?
With the Shinde camp claiming the support of over 40 Shiv Sena MLAs, they appear to be above the two-thirds majority mark since the Sena has 55 MLAs in the Assembly. If the rebels prove their majority, disqualification cannot take place. The rebel Sena leaders already tried to move a no-confidence motion against Deputy Speaker Narhari Zirwalthe but it was rejected due to the format of the submission. They may try again as Zirwal has initiated disqualification proceedings against 16 rebel MLAs.