Editorials       Cover Story   Letters
 Subscribe Now  Contact Us
Book Reviews
Case Study
Constitution of India
Cover Story
Crime File
Cyber Space
Good Living
Harvard Law School
Health & Fitness
Permanent Imprint Leading
Know Your Judge
The Law and The Celebrity
Legal Articles
Legal Events
Law for Other Species
Law School Confidential
Legal Scanner
Legal Trotternama
Media Scan
Reasoning The Reasons
Street Lawyer
Study Abroad
Supreme Court Cases
Thinkers & Theory
Top Law Schools
Universal Law of Success
--------------- Print Magazine --------------
  May 2016
  April 2016
Disqualification of Members of Parliament and Legislatures of State (Political Defection Case)

Kihota Hallohon v. Mr. Zachilhu, AIR 1993 SC 412: 1992 AIR SCW 3497

Facts: The Writ Petitions, Transfer Petitions, Civil Appeals and Special Leave Petitions arose common questions as to the constitutional validity of the Constitution (52nd Amendment) Act, 1985, insofar as it seeks to introduce the Tenth Schedule in the Constitution of India, were heard together. Some of these matters involved investigation and determination of factual controversies and of the extent of applicability to them of the conclusions reached on the various constitutional issues.

Issue: Whether disqualification of members of Parliament and Legislatures of State is valid or not?

Decision: It was held that the paragraph 2 of the Tenth Schedule to the Constitution is valid. Its provisions do not suffer from the vice or subverting democratic rights of elected members of Parliament and the legislatures of the States. It does not violate their freedom of speech, freedom of vote and conscience. The provisions of paragraph 2 do not violate any rights or freedom under Articles 105 and 194 of the Constitution. It was further held that the freedom of speech of a member is not an absolute freedom.


(Print Version)
Rs. 600/- per year
(Registered Post & Courier)

New Releases by UNIVERSAL's

     To avail discounts and for more details write to us at marketing.in@lexisnexis.com

Home     :      About Us     :      Subscribe     :      Advertise With Us    :       Privacy     :      Copyright     :      Feedback     :      Contact Us

Copyright © Universal Book Traders. All material on this site is subject to copyright. All rights reserved.
No part of this material may be reproduced, transmitted, framed or stored in a retrieval system for public or private
use without the written permission of the publisher. This site is developed and maintained by Universal Legal Infosolutions.
Powered by: Universal Book Traders