📘 Special Topic – Indian Polity (English)
Speaker & Anti-Defection Law (10th Schedule)
Page 2: Speaker’s Powers, Procedure & Supreme Court Guidelines
1. Powers of the Speaker under the Tenth Schedule
The Tenth Schedule vests the authority to decide questions of disqualification on the ground of defection in the Speaker or Chairman of the House. This power includes both adjudicatory and quasi-judicial functions.
- Deciding petitions related to defection
- Interpreting party whips and legislative conduct
- Determining the validity of mergers or splits
2. Procedure Followed by the Speaker
Although the Constitution does not prescribe a detailed procedure, Speakers generally follow principles of natural justice.
- Issue notice to the concerned legislator
- Provide opportunity to present defense
- Examine documentary and oral evidence
- Pass a reasoned order
However, absence of statutory timelines has led to prolonged delays in deciding disqualification petitions.
3. Judicial Review of Speaker’s Decisions
Initially, the Speaker’s decision was considered final. This position was later corrected by the judiciary to prevent arbitrary exercise of power.
4. Kihoto Hollohan Case (1992)
The Supreme Court upheld the constitutional validity of the Anti-Defection Law but allowed judicial review of the Speaker’s decisions.
- Speaker acts as a tribunal under the Tenth Schedule
- Decisions are subject to review after final order
- Judicial review prevents abuse of power
5. Need for Neutrality & Timeliness
The effectiveness of the Anti-Defection Law depends on the impartiality of the Speaker. Delay or selective action undermines legislative stability and public confidence.
“A Speaker who delays justice in defection cases indirectly alters the balance of democratic power.”
Continue to Page 3: Misuse, Delays & Supreme Court Criticism
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