Thread by @legaljournalist

#RajasthanCrisis: A Supreme Court bench headed by justice Arun Mishra commences hearing in plea by Rajasthan speaker CP Joshi challenging Raj HC order deferring speaker's action against Sachin Pilot and 18 other MLAs.

Kapil Sibal commences arguments on behalf of speaker CP Joshi.

"My argument will be on a very narrow footing", says Sibal.

"The court cannot direct speaker to extend time till. Court cannot interfere till the speaker gives a decision. It is settled by the judgment of this court in Kihoto Hollohan of 1992", Kapil Sibal submits.

#Rajasthan: Sibal refers to paragraph 6 of tenth schedule which he says lays down that speaker's decision on disqualification is final.

#Rajasthan: Sibal says in Kihoto it was argued based on para 6 that speaker's decision cannot even be challenged before courts.

But this court held that once speaker makes a decision, it is subject to judicial review but courts cannot interfere before speaker takes a decision.

#RajasthanPoliticalCrisis: So you are saying court cannot exercise its jurisdiction during the interim till the speaker takes a decision, justice Arun Mishra asks.

"Yes absolutely. The exception is if the speaker suspends an MLA as an interim measure" says Sibal.

#RajasthanPoliticalCrisis: Sibal referring to Manipur judgment. Sibal says that in that case, the court did not interfere with the speakers proceedings but only asked him to decide the disqualification plea within a time frame.

#RajasthanPoliticalCrisis: Sibal explaining para 2(1)(a) of tenth schedule which deals with disqualification for voluntarily giving up membership.

#RajasthanPoliticalCrisis: The disqualification plea by chief whip was under para 2(1)(a) of tenth schedule and not under 2(1)(b), Sibal says

#RajasthanPoliticalCrisis: The speaker issued notice to the 19 MLAs after receiving disqualification plea from chief whip. That is all that has been done (at this stage). Now I have to decide whether to disqualify them or not, Sibal submits.

#RajasthanPoliticalCrisis: Justice Arun Mishra asks for copies of the plea by chief whip and the speakers notice to the MLAs.

"We will consider the question on interference but let us come back to provision on disqualification", says justice Mishra.

#RajasthanPoliticalCrisis: We are trying to find out whether the procedure adopted (by speaker) is correct or not, says Justice Mishra.

That is not a question which courts can go into, says Sibal.

#RajasthanCrisis: "Can voice of dissent be shut down like this in a democracy", says Mishra J.

"It is a question of fact. Your Lordships or high court cannot decide that at this stage. I have asked for an explanation from them. If I am satisfied, I won't disqualify them", Sibal.

#RajasthanPolitics: Can speaker be an aggrieved person, asks Justice BR Gavai.

I am not an aggrieved person. I am here because I have been asked not to decide the matter. That is against Constitution bench, replies Sibal.

#RajasthanPolitics: Justice Nariman's judgment in Manipur is in my favour. It is asking speaker to decide the matter, not defer the decision, Sibal submits.

#RajasthanPolitics: Technical glitches interrupt the hearing. Kapil Sibal gets disconnected and is now back online. again.

But now Sibal cannot hear the judges.

#RajasthanPolitics: They have come to me and explain why they have made statements to media or why they are staying at Haryana etc. But at the moment, my grievance is not with them but with high court which has stalled the proceedings, says Sibal.

#RajasthanPolitics: "I have to decide whether they will be disqualified or not based on the chief whip's claims", says Sibal.

#RajasthanPoliticalCrisis: Supreme Court says the matter requires prolonged hearing.

Then the direction to defer action on notice should not remain, says Sibal.

But it needs hearing, says Mishra J.

#RajasthanPolitics: "You can have prolonged hearing but interim direction to speaker should be removed.

My lords have never passed an interim order like this", says Sibal.

#RajasthanPolitics: "What more can I show your lordships. I have shown a constitution bench judgment. If your lordships don't stay that order, then it will be infructuous", says Sibal.

"#RajasthanPolitics: "If your lordships are going to examine question of jurisdiction, and you don't want to stay that order then Your Lordships should stay the proceedings in high court", says Sibal.

#RajasthanPolitics: Every judicial order has political consequences, says Sibal.

#RajasthanPolitics: Mukul Rohatgi making submissions now for Sachin Pilot camp.

"They argued there for three days and agreed to defer decision on notice twice" says Rohatgi.

#RajasthanPolitics: The question involved is of very democracy itself, SC says.

"We will hear only on question of whether court can interfere with the speakers proceedings or not. We will not go into whether speaker acted mala fide or bona fide. We cannot go into that" says SC.

#RajasthanPolitics: Salve for Sachin Pilot says they appeared and argued before high court from day 1. They accepted the notice and did not challenge that before SC then. They later come here, he says.

#RajasthanPolitics: Speaker was not agreeing to anything. He was only deferring to the dignity of the court, says Sibal.

#RajasthanPolitics: Supreme Court gives green signal to Rajasthan high court to pass order tomorrow. However, says that it will be subject to the outcome of the proceedings before Surpreme Court.

#Rajasthan: The Supreme Court order today has added to confusion.

SC says it will examine high court's jurisdiction to interfere with speaker's proceedings

But this issue is already settled by 5-judge bench in Kihoto. So will a larger bench be constituted to hear this aspect?