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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
PERMANENT IMPRINT LEADING CASES
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.

 

 
 
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