Supreme Court of India · 1992-02-18
KIHOTO HOLLOHAN vs ZACHILLHU AND OTHERS
- Citation / case number
- SC 1991/80277
- Court
- Supreme Court of India
- Petitioner
- KIHOTO HOLLOHAN
- Respondent
- ZACHILLHU AND OTHERS
- Bench
- SHARMA, L.M. ,VENKATACHALLIAH, M.N. ,VERMA, JAGDISH SARAN ,REDDY, K. JAYACHANDRA ,AGRAWAL, S.C.
Judgment text excerpt
The Supreme Court upheld the constitutionality of the Anti-defection law under the Tenth Schedule, specifically Articles 102(2) and 191(2) of the Constitution of India. It clarified that disqualification under Paragraph 2 arises when a member acts contrary to the directions of their political party without prior consent. The Court ruled that the Speaker's decision on disqualification is final and not subject to judicial review, affirming the doctrine of necessity and the applicability of the doctrine of severability regarding legislative provisions.