What is Judicial Review of Speaker's Decisions?
Historical Background
Key Points
12 points- 1.
The Tenth Schedule of the Constitution (anti-defection law) empowers the Speaker to decide on disqualification petitions against members who defect from their political parties.
- 2.
The Supreme Court in *Kihoto Hollohan* case (1992) held that the Speaker's decisions under the Tenth Schedule are subject to judicial review, but only after the Speaker has made a final decision.
- 3.
Judicial review is generally limited to cases where the Speaker's decision is based on mala fide intentions (bad faith), violates natural justice, or is perverse (unreasonable).
- 4.
Courts typically do not interfere with the Speaker's procedural decisions unless there is a clear violation of constitutional principles or established rules.
Visual Insights
Judicial Review Process of Speaker's Decision
Flowchart illustrating the process of judicial review of the Speaker's decisions, especially concerning disqualification under the Anti-Defection Law.
- 1.Speaker makes a decision on disqualification petition.
- 2.Aggrieved party files a petition in High Court or Supreme Court.
- 3.Court examines the legality and fairness of the Speaker's decision.
- 4.Court assesses if the decision was based on mala fide intentions or violated natural justice.
- 5.Court upholds or overturns the Speaker's decision.
Recent Real-World Examples
1 examplesIllustrated in 1 real-world examples from Feb 2026 to Feb 2026
Source Topic
Supreme Court Grants Telangana Speaker Final Opportunity on MLA Disqualification
Polity & GovernanceUPSC Relevance
Frequently Asked Questions
121. What is Judicial Review of Speaker's Decisions and its constitutional basis?
Judicial review of Speaker's decisions is the power of courts to examine the decisions made by the Speaker of a legislative assembly, especially regarding disqualification of members. The constitutional basis lies in the Constitution of India, which establishes the judiciary as the guardian of the Constitution and allows it to review legislative actions to ensure they are in accordance with the Constitution. Landmark cases like *Kihoto Hollohan vs. Zachillhu* (1992) have clarified the scope of this review.
Exam Tip
Remember *Kihoto Hollohan* case as a key turning point in expanding the scope of judicial review over Speaker's decisions.
2. What are the key provisions related to Judicial Review of Speaker's Decisions?
Key provisions include: * The Tenth Schedule (anti-defection law) which empowers the Speaker to decide on disqualification petitions. * The Supreme Court's ruling in *Kihoto Hollohan* case (1992) that Speaker's decisions under the Tenth Schedule are subject to judicial review, but only after a final decision is made. * Judicial review is generally limited to cases where the Speaker's decision is based on mala fide intentions, violates natural justice, or is perverse.
