GK Question

polity hard true_false

Courts can intervene in anti-defection proceedings only after the Speaker has given a final decision, and not at interim stage except in exceptional circumstances.

  1. True
  2. False

Answer: True

Kihoto Hollohan case (1992): SC held judicial review of Speaker's decision under Tenth Schedule is available but: (a) Generally after final decision, (b) Interim relief only in exceptional cases (e.g., imminent irreversible harm), (c) Courts don't act as appellate authority but review constitutional validity. Balances legislative autonomy with constitutional safeguards.

Topic Anti-Defection Law - Scope of Judicial Review
Exam Relevance Judicial review scope nuance for UPSC Mains and Judiciary exams
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