GK Question

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The decision on disqualification of a member under the Tenth Schedule is taken by the ______ of the House, whose decision is subject to judicial review as held in ______ case.

Answer: Speaker/Chairman, Kihoto Hollohan

Paragraph 6 of the Tenth Schedule empowers the Speaker/Chairman of the House to decide on disqualification petitions. In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the Speaker's role but made their decision subject to judicial review on grounds of mala fides, perversity, or violation of constitutional mandates. This balances legislative autonomy with constitutional supremacy.

Topic Anti-Defection Law
Exam Relevance Advanced procedural + case law question for UPSC Mains and SSC CGL Tier-2