Consider the following statements regarding the disqualification of legislators under the Tenth Schedule:

Statement I: The Constitution mandates that the Speaker must decide on a disqualification petition within 90 days of its filing.

Statement II: The Speaker has the authority to decide on disqualification petitions under the Tenth Schedule, but delays in decision-making can be subject to judicial review.

Which one of the following is correct in respect of the above statements?

The correct answer is option 3.

In News

• The Supreme Court issued a notice to the Telangana Legislative Assembly Speaker over delays in deciding disqualification petitions against defecting MLAs, raising concerns about the misuse of the anti-defection law.

Key Points

• The Tenth Schedule of the Constitution does not specify any time limit for the Speaker to decide on a disqualification petition. However, excessive delays undermine democratic principles. Hence, Statement I is incorrect.
• The Supreme Court, in cases like Kihoto Hollohan v. Zachillhu (1992) and Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020), ruled that the Speaker’s delay in deciding disqualification petitions can be challenged in court, and in some cases, courts have directed timely decisions. Hence, Statement II is correct.

Additional Information

• The 2020 Supreme Court ruling in the Manipur case suggested that Speakers should decide disqualification petitions within a "reasonable time," ideally within three months, but this is not a constitutional mandate.
• The lack of a fixed timeline allows political maneuvering, where defecting MLAs continue in office without consequences.