Protect Opposition’s rights in Assembly, Satheesan tells Speaker

He says as Leader of the Opposition, he was not given enough time to explain the circumstances that led to the Opposition moving an adjournment motion on Friday

Leader of the Opposition in Kerala V.D. Satheesan has urged Speaker A.N. Shamseer to adopt an impartial stand protecting the rights of the Opposition in the Assembly in matters relating d to adjournment motion and other Assembly procedures.

In a letter to Mr. Shamseer, Mr. Satheesan expressed concern and dismay over the manner in which a motion moved by the Opposition United Democratic Front (UDF) members on Friday to adjourn the day’s sitting and discuss the alleged government inaction on the K. Hema Committee report, pertaining to the film sector, was declined by the Speaker.

“The Chair declared that since the matter was under consideration of the court, section 52 (vii) (of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly) prevented it from giving permission. However, the Kerala Legislative Assembly has a precedent of discussing matters that require clarity for the public without affecting court procedures,” Mr. Satheesan said.

Legislatures’ privilege

To prove his point, Mr. Satheesan quoted from the ‘Practice and Procedure of Parliament’ (M.N. Kaul and S.L. Shakdher - seventh edition) which says: “It is the absolute privilege of the Legislatures and members thereof to discuss and deliberate upon all matters pertaining to the governance of the country and its people. Freedom of speech on the floor of the House is the essence of parliamentary democracy... While applying the restrictions regarding the rule of sub judice, it has to be ensured that the primary right of freedom of speech is not unduly impaired to the prejudice of the Legislatures.”

Mr. Satheesan cited an instance from February 21, 2000, when then Speaker M. Vijayakumar allowed a motion to move an adjournment motion on a matter that was under the consideration of the court. According to Mr. Satheesan, Mr. Vijayakumar had observed that the matter should be presented in the House taking due care that it did not become sub judice.

Speeches interrupted

Mr. Satheesan termed it unfortunate that the present Speaker had chosen to act contrary to such precedents. He also accused Mr. Shamseer of repeatedly interrupting his speeches in the Assembly and trying to impose curbs on the special right enjoyed by the Leader of the Opposition in the House.

In his letter, Mr. Satheesan also pointed out that he, as Leader of the Opposition, was not given enough time by the Speaker to explain the circumstances that led to the Opposition moving the adjournment motion before announcing the walkout. This too went against the precedents of the Kerala Assembly, he said.

It was not advisable to weaken the values of the parliamentary democratic procedures for the sake of the interests of the government which held a majority, he said.

Published - October 13, 2024 06:37 pm IST