A day after Rajasthan High Court ordered status quo on disqualification notices to 19 rebel MLAs, Congress leader P Chidambaram on Saturday said a 1992 verdict by the Supreme Court stated that judicial review should not cover any stage prior to a decision by the speaker/chairman. He said it is for the people to judge the verdict themselves as the decision by apex court's five judges was binding on all courts.
"To the average citizen who is mystified by the orders of the HC and SC, the following passage in simple English should be easy to understand. "In 1992, the SC ruled: 'Having regard to the constitutional scheme in the Tenth Schedule, judicial review should not cover any stage prior to the making of a decision by the Speakers/Chairmen; and no quia timet actions are permissible'.
"Those words are simple and clear enough. That statement of the law by 5 judges was binding on all courts, HC or SC. Now, dear average citizen, you be the judge," he said in a series of tweets. The Rajasthan High Court on Friday ordered maintaining status quo on disqualification notice issued by the state assembly speaker to 19 dissident Congress MLAs, including Sachin Pilot.
The assembly speaker issued the notice to the MLAs on July 14 after the ruling Congress complained to him that the legislators had defied a whip to attend two legislature party meetings last week. "The writ petition has been admitted and the court has ordered for status quo on the notices dated July 14. The matter will be heard in due course now," a counsel for the speaker said.