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.