Which of the following correctly identifies a limitation placed on anti-defection disqualifications under the Tenth Schedule of the Constitution by judicial interpretation?

Solution

The Tenth Schedule vests the Speaker with authority to decide questions of disqualification on grounds of defection. In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the validity of the anti-defection law but subjected the Speaker’s decisions to judicial review on grounds of mala fides, perversity, or violation of constitutional mandates. This ensures that the anti-defection law promotes political stability without becoming a tool of partisan abuse. Judicial oversight preserves fairness while respecting legislative autonomy.