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february 1992

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.

KIHOTO HOLLOHAN vs ZACHILLHU AND OTHERS · Niyam