Beyond the Speaker’s Discretion: Expanding Judicial Review in Disqualifications

Vatsa, Kritika and Manderna, Mohit Kumar (2025) Beyond the Speaker’s Discretion: Expanding Judicial Review in Disqualifications. Constitutional Law Society.

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Abstract

In a democracy, the balance of power between the three organs, namely the executive, legislature and judiciary, is like that of a finely tuned instrument, wherein each branch harmonises with the others to uphold the values that sustain the Constitution. The Tenth Schedule of the Indian Constitution, intended to prevent “immoral” defections, has given to the Speaker adjudicatory power to disqualify members from the legislative assembly who betray their party’s mandate. However, increased incidents of speaker-led partisan decision-making have highlighted critical vulnerabilities in this structure, raising an important question: What recourse is available when the very authority entrusted to uphold democratic values becomes compromised?

Item Type: Article in News Papers and Magazine
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 09 Feb 2025 11:08
Last Modified: 09 Feb 2025 11:08
Official URL: https://clsnluo.com/2025/02/06/beyond-the-speakers...
URI: https://pure.jgu.edu.in/id/eprint/9103

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