Question

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

Q: Answer-Which of the following correctly identifies a limitation placed on anti-defection disqualifications...

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 Speakers 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.

A Speaker’s decision is final and cannot be challenged.

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.

C Tenth Schedule bars judicial review entirely

D Tenth Schedule requires President’s concurrence for disqualification.

E Tenth Schedule allows defection for monetary consideration.

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