Context: As the political battle in Maharashtra moves to the Supreme Court, references have been made to the landmark judgment in ‘Kihoto Hollohan vs Zachillhu and Others’ (1992).

Kihoto Hollohan Case 1992

• The law covering the disqualification of lawmakers and powers of the Speaker in deciding such matters became part of the statute book in 1985 when 10th schedule of the Constitution, was adopted.
• A constitutional challenge to the 10th schedule was mounted, which was settled by the apex court in ‘Kihoto Hollohan’.

Tenth Schedule of the Constitution

• The Tenth Schedule, which was inserted by the Fifty-Second Amendment Act, 1985,
• It provides for the disqualification of Members of Parliament and state legislatures who defect.

Paragraph 2 of the Schedule says that

• “A member of a House belonging to any political party shall be disqualified from being a member of the House… if he has voluntarily given up his membership of such political party; or if he votes or abstains from voting in such House contrary to any direction issued by the political party without obtaining prior permission”

Speaker’s Powers under Tenth Schedule

Paragraph 6(1) of the Tenth Schedule describes the Speaker’s sweeping discretionary powers:

• “If any question arises as to whether a member of a House has become subject to disqualification, 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.”

Supreme Court Rule in Kihoto Hollohan

As per the Supreme Court

• The Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy.
• They 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 10th Schedule in them should not be considered exceptionable.
• Schedule’s provisions were salutory to strengthen the fabric of Indian Parliamentary democracy by curbing unethical political defections.

Role of the Deputy Speaker

• Article 93: Mentions the positions of the Speaker and Deputy Speaker of the House of the People (Lok Sabha).
• Article 178: Contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.
• Article 95(1): While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker.