INSIGHT UPSC QUIZ

GS Polity Miscellaneous
Q.

The famous Kihota Hollohon vs. Zachilhu (1992) judgment is related to which among the following aspects of Indian Constitution?

1. Anti-defection law

2. Emergency provisions

3. Article-21 of Fundamental rights

Choose the correct answer by using the codes given below:

Explanation:

 ANSWER: (A)

  • Kihota Hollohon vs. Zachilhu (1992)
  • In the judgement, the Supreme Court clarified that the 10th schedule is constitutionally valid. It neither impinges upon the freedom of speech and expression nor subverts the democratic rights of elected members.
  • It also upheld the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.
  • However, it also held that Presiding Officer’s decisions of disqualification shall be open to judicial review.
  • The members so disqualified can stand for elections from any political party for a seat in the same House.
  • The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.

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