In response to the petition filed by TMC MP Abhishek Banerjee, the bench stressed the significance of such delay in the process and its impact on the democratic process and collateral proceedings.
A three-month delay in deciding disqualification petitions against 20 rebel Trinamool Congress (TMC) Lok Sabha MPs has been referred to as a “red flag” by the Supreme Court, although no deadline has been set yet for Lok Sabha Speaker Om Birla.
Justice Joymalya Bagchi observed that while the court respects the constitutional powers of the Speaker, a three-month delay without any decision warrants immediate consideration. Instead of fixing a deadline, the court kept the plea pending for six weeks. The dispute arose due to a political crisis that followed the defeat of TMC in the West Bengal Assembly polls, resulting in 20 TMC members defecting from the party to join the Nationalist Citizens Party of India (NCPI).
Senior advocate Kalyan Banerjee representing Abhishek Banerjee cited the apex court’s Keisham Meghachandra Singh judgment passed in 2020 that recommended a three-month upper limit for the issue, barring extraordinary circumstances. The timeline : The Speaker had served notices to the rebel MPs on August 5, and their responses were allowed until September 22 upon their requests for more time. Abhishek Banerjee filed a plea in the Supreme Court asking for an expedited disqualification process against the 20 members under the anti-defection law. The petition includes the Speaker of the Lok Sabha, the Secretary General of the House, and the 20 members, namely Kakoli Ghosh Dastidar, Sudip Bandyopadhyay, and Satabdi Roy, among others. Earlier reporting noted: SC stops short of fixing time limit for Speaker Birla in disqualification proceedings against TMC rebel MPs The Supreme Court on Wednesday (September 23, 2026) stopped short of requiring Lok Sabha Speaker Om Birla to give a specific time line for completing the disqualification proceedings pending against 20 rebel Trinamool Congress party MPs who have aligned themselves with the Nationalist Citizens Party of India (NCPI).
Earlier reporting noted: Justice Bagchi termed the role of a Speaker as “amphibious”, whose responsibilities concern both the House and as a Tribunal under the Tenth Schedule (anti-defection law) of the Constitution.
Earlier reporting noted: A three-judge Bench headed by Chief Justice of India Surya Kant was hearing a plea filed by Trinamool Congress (TMC) leader Abhishek Banerjee contending that Speaker Birla was delaying disqualification proceedings under the anti-defection law.
Defense : Solicitor General Tushar Mehta, who appeared for the Speaker, opposed any judicial timeline, stating that constitutional authorities needed enough time for the examination of evidence and a fair hearing. Position of the court : The bench made clear that it is not making any rigid schedule but reiterated that the Speaker needs to be diligent in carrying out his constitutional obligations.
