Time for Parliament to rethink whether disqualification petitions ought to be entrusted to Speaker: Supreme Court

Time for Parliament to rethink whether disqualification petitions ought to be entrusted to Speaker: Supreme Court
Justices Aniruddha Bose, Rohinton Nariman and V Ramasubramanian

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.

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