New Delhi, July 31, 2025: The Supreme Court of India has called on Parliament to reconsider the existing mechanism for deciding disqualification cases under the anti-defection law, warning that delays by legislative speakers pose a serious threat to democracy. The court’s remarks came during a hearing on disqualification petitions against Bharat Rashtra Samithi (BRS) MLAs in Telangana who defected to the ruling Congress party.
A bench comprising Chief Justice of India B.R. Gavai and Justice A.G. Masih directed the Telangana Legislative Assembly Speaker to decide on the disqualification petitions within three months. The court expressed concern over the Speaker’s inaction, noting that no notices were issued for nearly seven months, rendering the anti-defection law ineffective.
The Supreme Court emphasized that prolonged delays in disqualification proceedings undermine the purpose of the Tenth Schedule of the Constitution, which aims to curb political defections. “If petitions remain pending until the end of the assembly term, it’s akin to ‘operation successful, patient dead,’” the bench observed, highlighting how delays allow defectors to benefit from their actions.
During the hearing, arguments were made that the scope of judicial review under Articles 136, 226, and 227 of the Constitution is limited when it comes to the Speaker’s decisions. However, the court clarified that while the Speaker acts as a quasi-judicial tribunal under the Tenth Schedule, their decisions are subject to judicial review for jurisdictional errors, mala fides, or non-compliance with natural justice. The court also referenced the pending matter before another Supreme Court bench, underscoring the need for timely action.
The ruling came in response to petitions filed by BRS leaders, including K.T. Rama Rao and Padi Kaushik Reddy, seeking expeditious action against 10 MLAs who switched allegiance to Congress after the 2023 elections. The court set aside a Telangana High Court division bench order that had nullified a single-judge directive to fix a hearing schedule within four weeks.
The Supreme Court also cautioned the Speaker against allowing defecting MLAs to prolong proceedings, stating that adverse inferences could be drawn against them for delaying tactics. The bench urged Parliament to evaluate whether entrusting disqualification decisions to Speakers is effectively combating political defections, suggesting a review of the mechanism to safeguard democratic principles.
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