Kihoto Hollohan v Zachillhu (1992)

Constitutional Law II · Anti-Defection

Facts.

The constitutional validity of the Tenth Schedule (anti-defection law) was challenged, including the finality it gave to the Speaker’s decision on disqualification.

Issue.

Is the anti-defection law valid, and is the Speaker’s decision on defection beyond judicial review?

Held.

The Tenth Schedule was upheld, but the clause barring judicial review was struck down: the Speaker deciding a defection case acts as a tribunal, and his decision is subject to judicial review (though not at an interim stage).

Why it matters.

It defines the Speaker’s adjudicating role and keeps even his defection rulings within the reach of the courts — central to both the Speaker and anti-defection topics.

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