3: Supreme Court Deadline on Anti-Defection: Judicial Intervention

• Time-Bound Adjudication: The Supreme Court has mandated the Telangana Assembly Speaker to decide on disqualification petitions against two Bharat Rashtra Samithi (BRS) MLAs within a threeweek deadline, stressing that legislative delay cannot undermine constitutional mandates. • Quasi-Judicial Role: While the Speaker is the head of the House, under the Tenth Schedule, they function as a quasi-judicial authority. The Court reaffirmed that this role is subject to judicial review to prevent partisan inaction.• Warning against Contempt: The bench warned that failure to comply would be treated as contempt of court, highlighting a shift from judicial \'deference\' to active \'enforcement\' when constitutional machinery appears stalled. • Limited Immunity: The Court clarified that the immunity under Article 212 (courts not to inquire into proceedings of the Legislature) does not apply to the Speaker’s role as a tribunal under the Tenth Schedule. • Curbing Political Instability: The ruling aims to address the \'Aaya Ram Gaya Ram\' culture, ensuring that the Anti-Defection Law (1985) serves its purpose of maintaining the stability of the executive and the integrity of the mandate. • Keisham Meghachandra Case Precedent: This order builds on the 2020 precedent where the SC held that Speakers should ideally decide disqualification petitions within a reasonable period of three months. Constitutional & Legal Provisions • Tenth Schedule: Added by the 52nd Amendment Act, 1985, it provides for the disqualification of members on grounds of defection. • Kihoto Hollohan v. Zachillhu (1992): The landmark case where the SC ruled that the Speaker’s decision under the Tenth Schedule is subject to judicial review on grounds of malafides, perversity, or violation of natural justice. • Article 212: Protects the validity of any proceedings in the Legislature from being questioned on the ground of any alleged irregularity of procedure. Key Definitions • Quasi-Judicial Authority: An individual or body which has powers resembling those of a court of law or judge, and is able to adjudicate and determine facts and draw conclusions from them. • Defection: The act of an elected representative giving up the membership of a political party on whose ticket they were elected or voting against the party line. Conclusion The Supreme Court’s proactive stance reinforces the principle that the Speaker\'s office is not a sanctuary for political expediency. By imposing a strict timeline, the judiciary ensures that constitutional morality prevails over legislative procrastination. UPSC Relevance • GS Paper 2: Indian Constitution—historical underpinnings, evolution, features, and significant provisions; Appointment to various Constitutional posts, powers, functions, and responsibilities. • Prelims: 52nd and 91st Constitutional Amendment Acts; Role of the Speaker; Judicial Review power of the SC.