In Padi Kaushik Reddy vs. the State Of Telangana, the Supreme Court also remarked that Speaker does not enjoy constitutional immunity while acting as a tribunal under the Tenth Schedule (Anti-Defection Law).
About Tenth Schedule (Anti-Defection Law)
- Introduced in 1985 by the 52nd Amendment, it lays out grounds and procedures for disqualifying legislators who
- voluntarily give up membership of their original political party,
- vote against party directives in the legislature,
- join any political party after the expiry of six months from first sitting, in case of a nominated members,
- Join any party after election, in case of independent members.
- Exception: Allows a party to merge into another party provided that at least two-thirds of its legislators are in favour of the merger.
- Significance:
- Curbs political defections under the influence of money and intimidation.
- Promotes stability in governments by discouraging "floor-crossing" (‘Aaya Ram Gaya Ram’ trend) that erodes voter mandates and weakens democracy.
Role of the Speaker
- Petitions for disqualification are decided by the Speaker (or presiding officer) of the respective House.
- However, Speakers, often drawn from the ruling party, have been accused of using delays to favor their party's interests.
- Supreme Court in Kihoto Hollohan v Zachillhu (1992) declared that Speaker acts as tribunal and his decisions subject to judicial review.
Other Key Judgements w.r.t. Anti-Defection Law
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