The Hindu : Procedural uncertainty in Speaker's removal

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Sunday, Oct 19, 2003

Southern States

Southern States - Kerala-Thiruvananthapuram

Procedural uncertainty in Speaker's removal

By Roy Mathew

THIRUVANANTHAPURAM OCT. 18. The Assembly is no stranger to resolutions for removal of the Speaker. However, this is the first time that a notice for moving such a resolution is given during the recess between two sessions. Naturally, this has given rise to some uncertainties regarding procedure.

The Constitution mandates at least 14 days' notice before the resolution could be moved in the Assembly. Normally, notices for moving resolutions are given after a session has been summoned. As the House is not in session now, the resolution would have to wait the convening of the next session.

The Constitution permits an interval of six months between sessions. The last session adjourned sine die on August 14. So, technically, the Government can wait until February next year to convene the next session. However, democratic propriety demands convening of the House earlier.

If the Government does not convene a session soon, the Opposition can call upon the Governor to do so. However, the Governor may oblige only if he feels that the majority of the Government in the House is in doubt. (He would have to ask the Cabinet to recommend the convening of the House). The resolution will require the support of 71 members to pass (more than half the total membership of the House).

The last time (and the only time), the House discussed a resolution to remove the Speaker was on March 5, 1982. The resolution sought to remove the Speaker, A.C. Jose, on the ground that he had acted in a partisan manner and used his casting vote to prop up a Government ``that did not enjoy the confidence of the House''. The motion was put to vote with the Deputy Speaker in chair. It lost because the Government had the support of 71 members, including the Speaker in the 141-member House.

Notice for removal of the Speaker had been given on two other occasions also. The first was when D. Damodaran Potti was the Speaker. The notice given by P. Govinda Pillai on October 4, 1964, was mentioned in the House on October 6, 1964. However, Mr. Pillai withdrew his notice on October 17.

Notices for moving resolutions for removal had been given twice against the Speaker, Varkala Radhakrishnan, in 1988 and 1990. The resolution given notice of by M.M. Hassan, was posted for discussion on April 4, 1988. But, Mr. Hassan withdrew the notice two days before voting.

Subsequently, another notice was given by T.M. Jacob questioning Mr. Radhakrishnan's impartiality and the House granted leave for discussing the resolution on February 8, 1990.

However, the then Leader of the House, K. Karunakaran, demanded that the discussion should be postponed to another day on account of the demise of Thoppil Ravi. As the treasury benches disagreed, the Opposition walked out and abstained from participating in the proceeding. The resolution lapsed as Mr. Jacob was not present to move it when the Deputy Speaker called upon the proposer to move the resolution.

This is the second time that a notice for removal is given against Vakkom B. Purushothaman. The Opposition had given notice for a resolution against Mr. Purushothaman in March 1983 when he was the Speaker. It was given a day before the Ho use adjourned sine die. Whe n the House met again, the Opposition did not press the matter.

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