Supreme Court on MLAs’ Disqualification

Prelims: Current events of national and international importance | Polity

Why in News?

The Supreme Court dismissed a plea challenging the Tamil Nadu Speaker’s decision to drop disqualification proceedings against AIADMK MLAs who backed the TVK-led government in a confidence vote.

Tenth Schedule: Anti-Defection Law

Incorporated through – 52^nd Constitutional Amendment Act of 1985 to address the issue of political defections by legislators.

tenth schedule upsc 2026

Authority Responsible for Deciding Disqualification

The Speaker of the Legislative Assembly is responsible for deciding disqualification matters concerning Members of the Legislative Assembly (MLAs) under the Tenth Schedule.
For members of Parliament, the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, as applicable, determines questions of disqualification.
Such decisions are subject to judicial review, as established in Kihoto Hollohan v. Zachillhu (1992).

Important Supreme Court Judgments

Judgment	Key principle
Kihoto Hollohan v. Zachillhu (1992)	Speaker’s decisions under the Tenth Schedule are subject to judicial review.
Ravi S. Naik v. Union of India (1994)	Voluntarily giving up party membership can be inferred from conduct.
Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020)	The Supreme Court recommended that Parliament consider an independent mechanism for deciding disqualification petitions, instead of leaving the function exclusively to the Speaker.

Reference

The Hindu | Supreme Court on MLAs’ Disqualification

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