7-member panel to examine Speaker's power

GUWAHATI, February 13: The Assam Assembly Speaker, Ganesh Kutum today formed a seven member committee headed by the Parliamentary Affairs Minister Hitendra Nath Goswami to examine the scope and ambit of the powers of the judiciary to interfere with the functioning of the Speaker and Legislature vis-a-vis the independence of the Legislature under the provisions of the Constitution of India. The other members of the committee are Irrigation Minister Abdul Muhib Mazumdar and legislators Dilip Kumar Saikia, Prithibi Majhi, Bimalangshu Roy, Devakanta Ramchiary and Holiram Terang. The committee has been asked to submit its report by the forenoon of February 22. The Speaker said that a question was raised before the House on February 9 that in the event of a rule being issued by the High Court against the Speaker, whether the Speaker should not function in the Chair. 'Though I have not received any notice from the Court, presuming that such a rule has been issued, I would like to inform the House that there is no rule or provision whereby a Speaker is disentitled to seat in the House in the event of a rule being issued by the High Court. The only provision whereby the Speaker can be removed is contained under Rule 135 of the rules of Procedure and Conduct of Business in Assam Legislative Assembly, which provides for a resolution for the removal of the Speaker,' he added. He said that as the matter involves a complicated question of law and propriety, that is, whether the High Court can issue rule against the Speaker who enjoys the confidence of the House and whether the Speaker is under an obligation to vacate the Chair in such a situation, the matter should be looked into by a Committee of the House. It may be mentioned here that the Congress legislators on February 9, raised the issue relating to reports that MLA Atul Bora filed a writ petition against the Speaker and demanded that the Speaker should vacate the Chair.