Trace Your Case

ISSUE:

Whether the Governor's decision to reschedule the Assembly session was constitutional?

Whether the Speaker's act of disqualifying MLAs when a motion for his impeachment was pending before the house was constitutional.

RULE:

Doctrine of Constitutional Supremacy: The court emphasized that all actions taken within the legislative framework must adhere to the Constitution, reinforcing that no authority, including the Governor, is above constitutional mandates.

Principle of Legislative Procedure and Parliamentary Sovereignty: The court held that the removal of the Speaker must follow established parliamentary procedures. The failure to adhere to these procedures in Nabam Rebia’s removal was deemed unconstitutional.

Judicial Review of Legislative Actions: The court recognized its authority to review legislative actions, particularly those involving constitutional validity, ensuring that the actions of the Governor and Speaker conformed to constitutional norms and protections for minority rights within the legislature.

Anti-defection law: The court ruled that the Speaker's disqualification of MLAs, while a motion for impeachment was pending, constituted an attempt to undermine the democratic process. This highlighted the need for adherence to anti-defection principles, ensuring that disqualification is not used as a tool for political maneuvering

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