Context: The Supreme Court took a strong stand against prolonged inaction by Speakers in deciding disqualification petitions under the anti-defection law, asserting that it cannot remain “a mute spectator”.

Meaning of the context: The court was hearing a case related to the disqualification of Bharat Rashtra Samithi (BRS) MLAs from Telangana who defected to the ruling Congress. The petitions, pending before the Speaker for an extended period, prompted the bench to question whether courts should remain powerless if no action is taken for years.

Learn More:

• The Tenth Schedule was inserted into the Indian Constitution by the 52nd Amendment Act of 1985. Its primary purpose is to curb political defections (often called “horse-trading”) by presiding over the issue of disqualification of legislators who defect from their political parties. 
• Grounds for Disqualification under Anti-Defection Law – A legislator (MP or MLA) can be disqualified:
  • If an elected member voluntarily gives up the membership of their political party.
  • If they vote or abstain from voting in the legislature against the party’s directive (whip) without prior permission.
  • If an independent member joins a political party after the election.
  • If a nominated member joins a party after six months of nomination.
• Exceptions – 
  • Merger provision: If 2/3rd of a legislative party merges with another party, it will not be considered defection. Earlier exception for split by 1/3rd members was removed by the 91st Amendment Act, 2003.

Role & Powers of the Speaker (or Chairman)

• Final Authority: The Speaker or Chairman is the final deciding authority on disqualification under the Tenth Schedule.
• Quasi-Judicial Authority: The Speaker’s decision acts in a quasi-judicial capacity.
• Judicial Review: Initially, the Speaker’s decision was not subject to judicial review. However, in the Kihoto Hollohan case (1992), the Supreme Court ruled that:
  • Speaker’s decision is subject to judicial review.
  • Courts can review the legality and constitutionality of the Speaker’s decision after it is made.
• Criticism of Speaker’s Role:
  • Bias concerns arise as the Speaker belongs to a political party.
  • Delays in decision-making allow legislators to hold power despite defection.

Source : Hindustan Times