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Supreme Court of India 2022-08-23 remanded

SUBHASH DESAI vs PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & ORS

Bench: 3 — N.V. Ramana, Krishna Murari, Hima Kohli

In Brief

The Supreme Court examined a batch of constitutional writ petitions concerning the anti-defection provisions of Schedule X of the Constitution. The case raised critical questions about whether a Speaker can adjudicate disqualification proceedings when facing removal from office. The Court found that Nabam Rebia's constitutional principle on this issue contained contradictory reasoning. Accordingly, it referred the matters to a Constitution Bench under Article 145(3) to comprehensively examine Schedule X, the Speaker's powers, the Governor's authority, and the scope of judicial review in disqualification cases, requiring a gap-filling exercise to preserve constitutional morality."

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Constitutional Law Schedule X (Anti-Defection Law) Disqualification of Members Speaker Powers Judicial Review Legislative Procedure

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