Supreme Court Gives Telangana Speaker 3 Months to Decide on MLA Disqualifications
The Supreme Court has directed the Telangana Assembly Speaker to decide within three months on petitions seeking the disqualification of ten MLAs who defected from the Bharat Rashtra Samithi to the ruling Congress in 2024. The court observed that a delay defeats the purpose of the anti-defection law (Tenth Schedule) and that the speaker's role is not immune to judicial review. The ruling sets an important precedent for curbing politically motivated delays in handling defection cases nationwide.
Unpacked:
The anti-defection law, under the Tenth Schedule of the Indian Constitution, disqualifies legislators who defect from their party unless certain exceptions apply. It aims to prevent political instability caused by elected representatives switching parties for personal gain. In this case, it is significant because the ten MLAs left the BRS for Congress, and their eligibility to remain MLAs is now under scrutiny.
The Supreme Court stressed a three-month deadline to prevent undue delays, which can let defecting MLAs benefit from their new affiliation during the Assembly’s term. The court noted that such delays defeat the anti-defection law’s purpose, as timely decisions are essential for upholding democratic integrity and accountability.
If the Speaker does not decide within three months, the Supreme Court indicated it may draw adverse inferences against the Speaker or the defecting MLAs. This could include further judicial intervention to enforce the law and prevent continued delays, ensuring accountability of constitutional authorities.
The exception in Paragraph 4 of the Tenth Schedule exempts MLAs from disqualification only if at least two-thirds of their party’s legislators defect together. In this case, the ten MLAs represented less than two-thirds of the BRS’s strength in the Telangana Assembly, so they do not qualify for this protection.