SWAMI VIVEKANANDA ADVANCED JOURNAL FOR RESEARCH AND STUDIESISSN 2584-105X
SVAJRS — Swami Vivekananda Advanced Journal for Research and Studies
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Guardian or Gatekeeper? The Speaker, the Clock and the Limits of Judicial Review in Anti-Defection Adjudication

Abstract

The presiding officer appointed by majority vote decides legislative defection disputes, according to the Tenth Schedule. The outcome of such disputes can affect the survival of that majority. The Speaker can err, but it is far more consequential to contradict and delay than to simply err. Thus, the Speaker's power is not consequential only; it is also a late consequential power. From the Kihoto Hollohan judgment of the Supreme Court through to that of Pad Kaushik Reddy, and regarding the prolonged Telangana proceedings as documented before March 2026, the paper differentiates between four failures which are normally clubbed together under the head of "Speaker bias": the wrong decision, the unfair hearing, the decision held back and the conflicted forum. Each requires a different judicial response. The research lays out a graduated standard for the courts to manage whether the Speaker executes the adjudicatory work, albeit not what result the Speaker comes to, and shows that this standard cannot by itself restore confidence in the forum. This implies that while time limits and reasoned orders can rein in the present arrangement, the root conflict of interest can be obliterated only by constitutional amendment.

Paper number: SVAJRS-2026-4AEAEDE9D6B7Accepted: Published: Issue: Volume 1, Issue 1, 2026Pages: 369–376
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Keywords

  • Tenth Schedule
  • Anti-defection law
  • Speaker
  • judicial review
  • adjudicatory delay
  • constitutional remedies

Authors & affiliations

  1. Vankdoth Naveen Nayak RajPhD Research Scholar, Department of Law, Osmania University, Hyderabad. BA LLB, LLM (Constitutional Law), UGC NET-JRF (Law).View author certificate →

Cite this article

Vankdoth Naveen Nayak Raj (2026). Guardian or Gatekeeper? The Speaker, the Clock and the Limits of Judicial Review in Anti-Defection Adjudication. Swami Vivekananda Advanced Journal for Research and Studies, 1(1), 369–376. https://doi.org/10.5281/zenodo.23834065
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