Speaker can't go into motive behind resignation: SC

The Supreme Court on Wednesday held that the Speaker cannot go into the “motive” behind the resignation by a member of House, saying it is “constitutionally impermissible” to take into account “extraneous factors”.

A bench of Justices N V Ramana, Sanjiv Khanna and Krishna Murari said that the Speaker’s scope of inquiry with respect to acceptance or rejection of a resignation by a member of the legislature is limited to examine whether such resignation was tendered voluntarily or genuinely.

“The language of Article 190(3)(b) of the Constitution does not permit the Speaker to inquire into the motive of the resignation,” the court said.

“It is constitutionally impermissible for the Speaker to take into account any other extraneous factors while considering the resignation,” it added.

The court further said once it is demonstrated that a member is willing to resign out of his free will, the Speaker has no option but to accept the resignation.

“The satisfaction of the Speaker is subject to judicial review,” the bench added.

Senior advocate Kapil Sibal, appearing for the Congress party has contended that a Speaker, as a part of his inquiry, can also go into the motive of the member and reject his resignation if it was done under political pressure.

“We are unable to accept this contention,” the bench said.

The court said even though the satisfaction by the Speaker was subjective, it has to be based on objective material.

“When a member tenders his resignation in writing, the Speaker must immediately conduct an inquiry to ascertain if the member intends to relinquish his membership. The inquiry must be in accordance with the provisions of the Constitution and the applicable rules of the House,” the bench said.