Of Cabbages and Kings

July 26, 2008

Can Somnath Chatterjee continue to be a member of parliament?

Filed under: Law, Made up theories — Tags: , , — Chinmayi @ 6:15 pm

Today, I had tea with two old friends and an old acquaintance. “I hear he can be Speaker, said the acquaintance (somebody I was briefly a little besotted with when I was a girl), but can he continue to be a member of parliament?”.

I am ashamed to say that I had not read the tenth schedule of the Constitution at the time and so had no clue at all.
Read it and you will see that Somnath Chatterjee neither joined another party nor voted contrary its instructions. So he can’t be be disqualified under the tenth schedule.

He can be removed as speaker only in accordance with the following:

94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker.— A member holding office as Speaker or Deputy Speaker of the House of the People—

(a) shall vacate his office if he ceases to be a member of the House of the People;

(b) may at any time, by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution:

Provided further that, whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House of the People after the dissolution

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