Q. The Kihoto Hollohan case was a landmark judgement by the Supreme Court of India. It deals with which of the following issues?
Exp) Option d is the correct answer.
Option a is incorrect: In Kesavananda Bharati v. State of Kerala (1973) The ‘basic structure’ doctrine was formulated by the Supreme court as a safeguard against the usurpation of the Constitution.
Option b is incorrect: Maneka Gandhi v. Union of India (1978) the SC expanded the meaning of the ‘right to life’ under the Constitution of India.
Option c is incorrect: In Justice K.S. Puttaswamy vs. Union of India (2017), the SC ruled that Fundamental Right to Privacy is intrinsic to life and liberty and thus, comes under Article 21 of the Indian constitution.
Option d is correct: Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court. However, in Kihoto Hollohan case(1993), the Supreme Court declared this provision as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the high courts. It held that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal. Hence, his decision like that of any other tribunal, is subject to judicial review on the grounds of mala fides, perversity, etc. But, the court rejected the contention that the vesting of adjudicatory powers in the presiding officer is by itself invalid on the ground of political bias.

