The question (15 marks)
Discuss the anti-defection law under the Tenth Schedule, and examine the extent to which the decision of the Speaker is open to judicial review. (15 marks)
MU Module 2, head on the anti-defection law in the Tenth Schedule, read with Arts. 102(2) and 191(2).
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Legislature and Executive of Constitutional Law – II.
Authorities you will need
- Kihoto Hollohan v Zachillhu
- Constitution (Ninety-first Amendment) Act 2003
- Raja Ram Pal v Hon'ble Speaker, Lok Sabha
- Rameshwar Prasad v Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.