Nabam Rebia case

Nabam Rebia case
 

News: The Supreme Court has referred to a larger bench its 2016 ruling in the Nabam Rebia case, where it was held that the Speaker of a House can’t decide a disqualification petition filed under the anti-defection law while a notice under Article 179(c) for the Speaker’s removal is pending.
 

What was the Nabam Rebia case?
 In Nabam Rebia & Bamang Felix v. Deputy Speaker, Arunachal Legislative Assembly (2016), the Supreme Court had ruled that it would be “constitutionally impermissible for a Speaker of the House to adjudicate upon disqualification petitions under the anti-defection law as per Tenth Schedule while a motion of resolution for his/her own removal from Office of Speaker is pending”.
 

Why did the court refer the Nabam Rebia case to a larger bench?
 Some aspects were not considered in the Nabam Rebia judgment.
 Among them was whether temporary disablement of the Speaker is prone to misuse by MLAs who anticipate disqualification petitions against them, or by MLAs against whom disqualification petitions have already been instituted.
 The court further said that the Nabam Rebia verdict was in conflict with a 1992 constitution bench judgment in the Kihoto Hollohan case.
 While the Nabam Rebia verdict doubted the ability of the speaker to remain neutral while deciding disqualification petitions after a resolution to remove them is moved, the Kihoto Hollohan order of the SC had stated there was no reason to doubt the independence and impartiality of the Speaker when adjudicating such proceedings under the Tenth Schedule.
Source – The Indian Express