The Aam Aadmi Party (AAP) may find itself on a sticky wicket if it decides to call the first session of the newly-formed Delhi Assembly at the Ramlila Maidan. Experts said there has been no precedence to conduct the meeting of a legislative body at a public place anywhere in the country.
They cited the conventions, rules and the Supreme Court judgements to assert that conducting the House meeting at a public venue would be breach of Assembly’s power, privilege and immunities. Constitutional expert SK Sharma termed the AAP’s decision to hold an Assembly Session at Ramlila Maidan as ‘foolish’ and said the ruling party cannot decide everything on its own without proper understanding of the laid norms and procedures.
Sharma said the Constitution defines the premises of the House and that cannot be shifted. There are 38 legislative bodies in the country, including two Houses of the Parliament and there is no precedence of any House meeting at a public place in the history of Indian politics. However, the Speaker of the House can notify the venue as the Assembly, but that will be at the cost of doing away with the tradition.
“The Speaker of the Delhi Assembly can notify Ramlila Maidan as Delhi Assembly for a particular day on approval from the lieutenant-Governor, but it will be the liability of the Speaker to conduct the proceedings of the House in a free and fair manner. It is beyond comprehension as to how the House proceedings can be conducted amidst sloganeering and utter commotion by thousands of supporters and political workers,” Sharma said.
Further, a Supreme Court observation says that a law could only be enacted inside a legislative chamber after free and fair debate. In such circumstances, the Government would find it difficult to call the Assembly Session at Ramlila Maidan as it also faces the threat of Opposition MlAs from the BJP and other political parties to boycott the same. Sources said the dissenting legislators also had the option of challenging the move before a court of law as it would also contravene the Supreme Court’s observation.
“The Speaker of the legislative Assembly is the sole custodian of the House and he reserves the rights to remove any spectator from the House. But, he will be devoid of these privileges at Ramlial Maidan and neither the land nor police will be under his control. Hence, this will amount to violation of the privileges,” Sharma added.