Kihoto Hollohan v. Zachillhu (1992)

Background

This landmark case challenged the constitutional validity of the Tenth Schedule (Anti-Defection Law) introduced by the 52nd Amendment.

Key Issues

  • Whether vesting decision-making power in the Speaker/Chairman violates basic structure
  • Scope and applicability of the anti-defection law
  • Whether such decisions are subject to judicial review

Judgment

The Supreme Court upheld the constitutional validity of the Tenth Schedule, with certain limitations.

Key Observations

  • Tenth Schedule is constitutionally valid
    It is essential to curb political defections and ensure stability.
  • Judicial review allowed
    Decisions of the Speaker are subject to review on grounds of mala fide, perversity, or violation of constitutional principles.
  • Scope limited to House proceedings
    Anti-defection applies only to:
    • Voting inside the legislature
    • Actions related to legislative functioning
  • It does not extend to electoral processes outside the House, such as Rajya Sabha elections

Significance

  • Landmark ruling defining the scope and limits of anti-defection law
  • Balanced legislative autonomy with judicial oversight

Clarified that party discipline applies primarily to legislative voting, not all political actions

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Kihoto Hollohan v. Zachillhu (1992)

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