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.
Unit I · Constitutional Law – II
Anti-defection: Tenth Schedule
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| 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 |
Landmark cases
Shrimanth Balasaheb Patil v. Speaker, Karnataka Legislative Assembly
(2020) 2 SCC 595 · Supreme Court of India
The Speaker must decide disqualification petitions in a reasonable time; a resigning member may still incur Tenth Schedule disqualification.