![]() |
|
The Supreme Court has once again taken a stern stance against Telangana Chief Minister A Revanth Reddy, expressing concerns over his remarks made on the Floor of the House. This incident follows an earlier rebuke regarding statements made by the Chief Minister concerning the Court's decision to grant bail to BRS leader K Kavitha. The Court is now questioning whether it erred in not issuing a contempt notice to the Chief Minister earlier, given the nature of his pronouncements and their potential impact on the integrity of judicial proceedings and constitutional principles. The crux of the matter revolves around the Chief Minister's statements regarding potential defections of BRS MLAs to the Congress party and the assurance that no bye-elections would occur, regardless of such defections. The Supreme Court perceives these remarks as undermining the Tenth Schedule of the Constitution, which deals with disqualification on the grounds of defection. This schedule is designed to prevent political instability caused by legislators changing parties and to uphold the mandate given to them by the electorate. The Chief Minister's assertion that bye-elections are unnecessary, irrespective of defections, directly contradicts the spirit and purpose of the Tenth Schedule, potentially rendering it ineffective. The Court's concern extends beyond the immediate political implications of the Chief Minister's statements. It also reflects a broader concern about the separation of powers and the need for mutual respect between the different branches of government. The judiciary, the legislature, and the executive each have distinct roles and responsibilities, and it is essential that they operate within their respective spheres without undue interference or encroachment. The Chief Minister's pronouncements, particularly his apparent disregard for the sub judice nature of the matter and his claim of immunity within the House, raise questions about his understanding and respect for these principles. The issue arose during proceedings concerning petitions seeking the Telangana Assembly Speaker's timely decision on disqualification petitions related to the defection of MLAs from the BRS party to the Congress party. The petitioners argued that the Speaker's inaction was a deliberate attempt to delay the process and allow the defecting MLAs to continue in their positions. The Chief Minister's statements, made in the context of these proceedings, further fueled these concerns and raised doubts about the Speaker's impartiality. Senior Advocate Aryama Sundaram, representing the petitioners, highlighted that a BRS MLA had cautioned against discussing matters sub judice, but the Chief Minister asserted his right to say what he wanted within the House. Sundaram emphasized the Speaker's silence in response to the Chief Minister's claims, arguing that this silence implied tacit approval and undermined the petitioners' confidence in the Speaker's ability to impartially adjudicate the disqualification petitions. The Supreme Court bench, comprising Justices BR Gavai and AG Masih, expressed its disapproval of the Chief Minister's statements, with Justice Gavai questioning whether the Chief Minister should have exercised greater restraint, given his previous experience with similar matters. Justice Gavai further questioned if the court had erred in not taking contempt action earlier. He emphasized that the Supreme Court exercises self-restraint, and expects the same from the other branches of democracy. This statement underscores the Court's recognition of the delicate balance between freedom of speech and the need to maintain the integrity of the judicial process. While politicians are generally afforded latitude in their public pronouncements, there are limits, particularly when those pronouncements impinge upon the functioning of the courts or undermine constitutional principles.
Senior Advocate Dr Abhishek Manu Singhvi, appearing for the Telangana Assembly Speaker/Secretary, attempted to defend the Chief Minister, arguing that the transcript was being read selectively and that there had been provocations from the other side in the House. He requested time to obtain the full transcript, but Justice Gavai pointed out that the petitioners were presenting the entire transcript to the Court. This exchange highlights the importance of accurate and complete information in judicial proceedings, and the Court's reluctance to allow the matter to be derailed by incomplete or misleading evidence. Ultimately, the bench reserved its orders in the cases, indicating that it would carefully consider the arguments presented by both sides before reaching a decision. The Supreme Court's repeated censures of the Telangana Chief Minister underscore the importance of upholding constitutional principles and maintaining the integrity of judicial proceedings. The Court's actions serve as a reminder that no one, regardless of their position or power, is above the law, and that all branches of government must operate within their respective spheres with respect for the roles and responsibilities of the others. The case, titled PADI KAUSHIK REDDY Versus THE STATE OF TELANGANA AND ORS., SLP(C) No. 2353-2354/2025 (and connected cases), is a significant one with potentially far-reaching implications for the political landscape of Telangana and the broader principles of constitutional governance. The outcome of the case will likely have a significant impact on the disqualification petitions pending before the Telangana Assembly Speaker and could also set a precedent for future cases involving defections and the interpretation of the Tenth Schedule of the Constitution. The court's focus is on the principle of separation of powers. The judiciary should not interfere with the legislative or executive branches, but the other two branches are expected to show deference to the judiciary. The legislative branch’s independence must not allow them to act in ways that undermine the constitution, such as by ignoring the rules against defections. Similarly, the executive branch should not make statements that can be interpreted as attempts to influence or undermine ongoing judicial proceedings. It is therefore important for the court to establish boundaries of permissible speech, especially for high-ranking officials, when such speech may potentially impact the functioning of the other branches. These situations also place a high burden on the speaker of the assembly, who is responsible for ensuring that the legislative process is conducted in accordance with the constitution and established rules. The speaker's inaction in the face of potentially unconstitutional or inappropriate statements can be seen as tacit approval and may erode public trust in the legislative process. Similarly, the attorney general has an important responsibility for ensuring that the actions of the executive branch are consistent with the constitution and applicable laws. If the attorney general allows the chief minister to make statements that appear to undermine the judicial process or violate the constitution, it would raise serious questions about the integrity of the executive branch. Finally, the judiciary has a responsibility for protecting the integrity of the judicial process. In cases where the actions of the other branches of government appear to threaten this integrity, the judiciary must be prepared to act decisively to prevent such threats.