Context
• Supreme Court ordered the Telangana Assembly Speaker to decide the remaining 2 defection petitions (out of 10 BRS MLAs) within 3 weeks.
• Court warned that further delay would amount to contempt of court, as the Speaker functions as a quasi-judicial tribunal under the Tenth Schedule.
Tenth Schedule – Anti-Defection Law
• Introduced by: 52nd Constitutional Amendment Act, 1985
• Grounds for disqualification:
• Voluntarily giving up party membership
• Voting/abstaining against party whip without permission
• Independent member joining a party
• Nominated member joining a party after 6 months
Decision-maker
• Speaker/Chairman of the House
• Subject to judicial review (Kihoto Hollohan vs Zachillhu, 1992)
Merger rule
• Protection only if 2/3rd of the legislature party merges (91st Constitutional Amendment)
Article 102 – General Disqualification (MPs)
• Holding office of profit
• Unsound mind
• Undischarged insolvent
• Loss of Indian citizenship
• Disqualification under parliamentary law (includes Tenth Schedule, RPA 1951)
• Article 191 has similar provisions for MLAs
