ЁЯУв Too many exams? DonтАЩt know which one suits you best? Book Your Free Expert ЁЯСЙ call Now!

    Question

    Which of the following correctly identifies a limitation

    placed on anti-defection disqualifications under the Tenth Schedule of the Constitution by judicial interpretation?
    A SpeakerтАЩs decision is final and cannot be challenged. Correct Answer Incorrect Answer
    B udicial review is available against Speaker/Chairman decisions on disqualification and courts can look into whether the Speaker acted mala fide or breached natural justice; however, jurisdictional nuances about delay and maintainability exist. Correct Answer Incorrect Answer
    C Tenth Schedule bars judicial review entirely Correct Answer Incorrect Answer
    D Tenth Schedule requires PresidentтАЩs concurrence for disqualification. Correct Answer Incorrect Answer
    E Tenth Schedule allows defection for monetary consideration. Correct Answer Incorrect Answer

    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 SpeakerтАЩs 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.

    Practice Next
    More Other Laws and Acts Questions

    Relevant for Exams:

    ask-question