*Kihoto Hollohan v. Zachillhu* (1992)
Judicial Review of the Speaker's Decision
This five-judge Constitution Bench of the Supreme Court is the foundational precedent on the Tenth Schedule. It upheld the constitutional validity of the anti-defection law but struck down Paragraph 7, which had sought to bar all courts from reviewing the Speaker's disqualification decisions.
- By a 3:2 majority, the Court held that Paragraph 7's exclusion of judicial review violated the basic structure of the Constitution, since it was not ratified by state legislatures as required for amendments affecting Article 136/226/227 jurisdiction.
- The Speaker/Chairman, while acting as adjudicator under the Tenth Schedule, functions as a tribunal and is subject to judicial review, though only on limited grounds such as mala fide exercise of power, perversity, or violation of natural justice — not on the merits at large.
- In Keisham Meghachandra Singh v. Hon'ble Speaker, Manipur Legislative Assembly (2020), the Supreme Court directed that Speakers must ordinarily decide disqualification petitions within three months, and suggested that Parliament consider replacing the Speaker with an independent tribunal (headed by a retired judge) as the primary adjudicator, to remove the conflict of interest inherent in a party-affiliated Speaker deciding defection cases.
● Tracked since March 11, 2026 · last seen September 24, 2026 · updates as the daily brief publishes
24 Sep '26
Supreme Court Upholds MLA's Disqualification Under the Anti-Defection Law
Polity & Governance
23 Sep '26
Supreme Court Flags Delay in Speaker's Decision on MP Disqualification Petitions
Polity & Governance
27 Jul '26
Supreme Court Examines Tenth Schedule's Merger Exception in Anti-Defection Law
Polity & Governance
05 Jul '26
Tenth Schedule and the Anti-Defection Law: Grey Areas That Need Reform
Polity & Governance
14 Jun '26
Anti-Defection Law: The Constitutional Mechanism for Legislative Party Mergers
Polity & Governance
Polity & Governance
Anti-Defection Law (Tenth Schedule)
Polity & Governance
Criticisms and Reform Proposals for the Tenth Schedule
Polity & Governance
Article 102(2) and the Rajya Sabha Chairman as Adjudicator
Polity & Governance
Merger Exception
Polity & Governance
91st Constitutional Amendment Act, 2003
Polity & Governance
Paragraph 4
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