SC questions governor’s powers on anti-defection law

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Supreme Court

Hearing the Arunachal Pradesh case, the Supreme Court today ruled that a Governor had “no role to play” in issues concerning the anti-defection law which is the Speaker’s domain. Critically examining a direction of Governor J P Rajkhowa the party-wise position in the assembly should not be disturbed, a five-judge Constitution Bench headed by Justice J S Khehar asked “How can the Governor take away the constitutional powers of the Speaker to disqualify lawmakers on the grounds of defection?

“The Governor may have some role in the functioning of the assembly, but he has no role to play in issues prescribed in the Tenth Schedule (anti-defection provision) of the Constitution.”

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