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Supreme Court Orders Telangana Speaker to Rule on Defected MLAs Within Three Months

The ruling clarifies that legislative presiding officers under the Tenth Schedule lack constitutional immunity, making them subject to judicial review.

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The Supreme Court on Thursday ruled that constitutional courts can fix a timeline for speakers to decide disqualification petitions. (ANI)
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Overview

  • A bench led by Chief Justice B R Gavai held that Speakers acting as tribunals under the Tenth Schedule do not enjoy constitutional immunity and remain subject to judicial oversight.
  • The Supreme Court stayed the Telangana High Court division bench’s November 2024 order that had overturned an earlier single-judge directive for a time-bound hearing.
  • It warned that MLAs who attempt to delay disqualification proceedings could face adverse inferences drawn by the Speaker.
  • Speaker Gaddam Prasad Kumar has issued notices to the ten defecting MLAs and plans to seek legal advice upon receiving the full judgment.
  • The judgment called on Parliament to review the anti-defection framework to prevent routine delays by assembly presiding officers.