What did the Supreme Court clarify in the Kihota Hollohon vs. Zachilhu...
In the Kihota Hollohon vs. Zachilhu (1992) judgment, the Supreme Court clarified that the 10th schedule is constitutionally valid.
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What did the Supreme Court clarify in the Kihota Hollohon vs. Zachilhu...
Clarification by the Supreme Court in the Kihota Hollohon vs. Zachilhu (1992) judgment regarding the 10th schedule:
Constitutional Validity:
- The Supreme Court clarified that the 10th schedule, also known as the Anti-Defection Law, is constitutionally valid.
- The 10th schedule was added to the Indian Constitution in 1985 to address the issue of political defections.
Background:
- The case of Kihota Hollohon vs. Zachilhu involved the disqualification of Members of the Nagaland Legislative Assembly under the 10th schedule.
- The petitioners challenged the constitutionality of the 10th schedule, arguing that it violated the freedom of speech and expression.
Ruling:
- The Supreme Court upheld the constitutional validity of the 10th schedule in its judgment.
- The court clarified that the Anti-Defection Law was necessary to maintain the integrity of the political process and prevent opportunistic defections.
- The law was deemed essential for ensuring stability and coherence in the functioning of the parliamentary system.
Key Takeaway:
- The Supreme Court's ruling in the Kihota Hollohon case reaffirmed the constitutionality of the 10th schedule and its importance in preserving the democratic principles of the Indian political system.