- Apprentice Lawyer
Time for Parliament to rethink whether disqualification petitions ought to be entrusted to Speaker: Supreme Court
In a judgment that raises important questions and also provides some clarity to anti-defection laws, the Supreme Court urged Parliament to have a rethink on whether a Speaker ought to decide on disqualification petitions filed under the Tenth Schedule to the Constitution of India.
The Tenth Schedule provides the circumstances under which a Member of Parliament or a State Legislative Assembly can be disqualified for defecting to another party. Disqualification petitions under the Tenth Schedule are decided by the Speaker of the concerned House.