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Apex Court recommends Parliament to reconsider entrusting Speaker with decision on Disqualification | Current Affairs | Vision IAS
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Apex Court recommends Parliament to reconsider entrusting Speaker with decision on Disqualification

Posted 01 Aug 2025

2 min read

Supreme Court, in Padi Kaushik Reddy v. State of Telangana (2025), recently addressed significant delays by the Speaker in deciding disqualification petitions concerning 10 Telangana MLAs.

Key Highlights of the Judgment

  • Court criticized the Speaker's inaction, quashing a High Court order, and directed proceedings conclude within three months from July 31, 2025.
  • It stressed the Speaker, acting as a Tribunal, must not protract proceedings, warning of an "operation successful, patient died" scenario where delay defeats the law's intent.
  • Court appealed to Parliament to revisit provisions and consider alternative, independent mechanisms for disqualification decisions, as current delays frustrate the Tenth Schedule's objective.

Other Relevant Judgments 

  • Kihoto Hollohan v. Zachillhu (1992): While the Speaker acts as a Tribunal subject to judicial review for jurisdictional errors, "quia timet actions" (preventive injunctions) are generally barred prior to a decision.
  • Keisham Meghachandra Singh Case (2020): Directed Speakers to decide disqualification petitions within an outer limit of three months.
    • It also suggested replacing the Speaker with an independent tribunal for swifter, impartial decisions.

About the Disqualification of Legislators

  • Tenth Schedule (Anti-Defection Law), added by the Constitution (Fifty-Second Amendment) Act, 1985, aimed to combat political defections and safeguard democracy.
  • It entrusted the Speaker/Chairman with adjudication for fearless and expeditious decisions, explicitly to avoid lengthy court delays.
  • Grounds for Disqualification:
    • Voluntarily giving up party membership;
    • Defying party whip during voting;
    • If an independently elected legislator joins a political party;
    • If a nominated member and joins any political party, after six months from the day he became a legislator.
  • Tags :
  • Anti-defection Law
  • Keisham Meghachandra Singh Case (2020)
  • 52nd Constitutional Amendment
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