KihotoHollohan VS Zachillhu And Others (1992)

Subject: Polity

Context:

Recent defection trial in Rajasthan has brought to light importance of anti-defection law.

Concept:

• A constitutional challenge to the Tenth Schedule was settled by the apex court in KihotoHollohan case.
• The principal question before the Supreme Court in the case was whether the powerful role given to the Speaker violated the doctrine of Basic Structure laid down in the landmark judgment in KesavanandaBharati vs State Of Kerala (1973).
• The tenth Schedule describes the Speaker’s sweeping discretionary powers that if any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final.
• The petitioners in Hollohan argued whether it was fair that the Speaker should have such broad powers, given that there is always a reasonable likelihood of bias.
• The majority judgment authored by Justices M N Venkatachaliah and K Jayachandra Reddy answered that the Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House. They are expected to and do take far reaching decisions in the Parliamentary democracy. Vestiture of power to adjudicate questions under the Tenth Schedule in them should not be considered exceptionable.So it brought speaker’s decision under judicial review.
• Further court envisaged independent adjudicatory machinery for resolving disputes relating to the competence of Members of the House.
• Constitutional courts cannot judicially review disqualification proceedings under the Tenth Schedule (anti-defection law) of the Constitution until the Speaker or Chairman makes a final decision on merits.
• The only exception for any interlocutory interference being cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequence.