Supreme Court Criticizes Telangana CM's Comments

The Supreme Court expressed strong disapproval of Telangana Chief Minister Revanth Reddy's comments stating that there will be no by-elections even if MLAs switch parties, calling it a "mockery of the Tenth Schedule" which pertains to the anti-defection law.

Context of the Comments

• Justice B R Gavai, part of a two-judge bench, addressed comments made by the Chief Minister on the Assembly floor, critiquing the approach towards by-elections.
• The remarks were brought to attention by Senior Advocate C Aryama Sundaram, representing Bharat Rashtra Samiti (BRS) MLAs, during a hearing on the delayed disqualification petitions against party legislators who defected to the ruling Congress.

Supreme Court's Reaction

• Justice Gavai emphasized that the comments undermine constitutional duties, reminding assembly representatives of their roles.
• Senior Advocate Mukul Rohatgi, representing the Assembly Speaker, noted he was unaware of the context but pointed out that BRS MLAs could file grievances.
• Justice Gavai also referenced a previous case involving the Chief Minister regarding a cash-for-vote scandal, indicating a pattern of contentious behavior.

Judicial Review and Speaker's Delay

• The court questioned the Speaker's delay of approximately 10 months in acting on disqualification petitions, highlighting concerns about judicial review.
• Rohatgi argued that judicial review is applicable only after a decision is made, to which the bench responded with skepticism, stressing the courts' duty to uphold constitutional integrity.
• Justice Gavai affirmed that the court possesses powers under Article 142 to address inaction by constitutional functionaries.

Author Profile

• Ananthakrishnan G, a Senior Assistant Editor with The Indian Express, has over 23 years of experience in journalism, specializing in legal reporting and having significant expertise in political and community reporting.