SHANKAR IAS ACADEMY

Disqualification Of MLAs - II What is the issue? The recent disqualification of 18 MLAs in Tamil Nadu by the Speaker brings to the fore certain constitutional questions on the role of the Governor and the Speaker. What are the contentious issues? Governor  - The Governor in this case is showing reluctance to order a floor test, despite a request from the opposition party. A Constitution Bench has earlier observed that the activities within a political party, as to any turbulence or unrest, were beyond the concern of the Governor. The Governor can intervene only when a breakaway group constitutes two-thirds of a party, as stipulated in the Tenth Schedule. However, notably the Bench adds that the Governor should take action during a constitutional crisis i.e. when the government is seen to have lost the confidence of or majority in the House. Thus the court bars Governors only from political embroilment and not restrict their constitutional duty and responsibility. Cou