SC warns Telangana Speaker for delay in MLA disqualification under Tenth Schedule | Current Affairs | Vision IAS
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    SC warns Telangana Speaker for delay in MLA disqualification under Tenth Schedule

    Posted 18 Nov 2025

    2 min read

    Article Summary

    Article Summary

    The Supreme Court criticized the Telangana Speaker for delaying MLA disqualification under the Tenth Schedule, emphasizing that the Speaker acts as a tribunal and has no constitutional immunity. The law aims to prevent defections and ensure government stability.

    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

    • Sadiq Ali v Election Commission of India (1971): SC laid down the three-test formula (Party’s aims, constitution & legislative majority) for determining which faction is to be recognised as the original political party by the Election Commission.
    • Rajendra Singh Rana v Swami Prasad Maurya (2007): Speaker cannot delay disqualification indefinitely.
    • Keisham Meghachandra Singh v Speaker, Manipur (2020): Speakers should ideally decide within 3 months, barring exceptional cases.
    • Tags :
    • Speaker
    • ANti Defection Law
    • 10th Schedule
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