Landmark case · Constitutional Law – II · Semester 2

Kihoto Hollohan v. Zachillhu

1992 Supp (2) SCC 651 · Supreme Court of India

The Tenth Schedule is valid; the Speaker's decision is subject to judicial review on limited grounds of mala fides, perversity and violation of constitutional mandate.

From topic

Anti-defection: Tenth Schedule — Unit I, Constitutional Law – II.

Related sections:

Constitution of India, 102(2) — Disqualification under the Tenth Schedule
Constitution of India, 191(2) — Disqualification of members of a State legislature
Constitution of India, Tenth Schedule — Paragraphs 1–8: defection, split/merger and the Speaker's decision