Q. Consider the following statements:
1.Speakers act as quasi-judicial authorities in deciding disqualification petitions under the anti-defection law.
2.As per the Constitution, the Speaker must decide the cases of defection within 3 months.
3.Under the Tenth Schedule, an independent member is disqualified if they contest elections again during their term.
How many of the statements given above are correct?
Explanations –
Statement 1 is correct. Under the Tenth Schedule, Speakers act as quasi-judicial authorities to adjudicate disqualification petitions related to defection. Their decisions are subject to judicial review, as established in the Kihoto Hollohan v. Zachilhu case.
Statements 2 and 3 are incorrect. The Constitution does not explicitly mandate a timeframe for Speakers to decide disqualification petitions. However, the Supreme Court has recommended that Speakers decide such petitions within three months in the absence of exceptional circumstances. An independent member is disqualified under the Tenth Schedule if they join a political party after being elected, not for contesting elections again during their term.
Source: The Hindu
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