Paragraph 7 of the tenth schedule was declared invalid in which case
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Paragraph 7 said, “Notwithstanding anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule.”
While upholding the Constitutional validity of the Tenth Schedule, a Constitution Bench of the Supreme Court in
Kihoto Hollohan vs Zachillhu and Others (1991) declared paragraph 7 unconstitutional.
It also said the Speaker’s decision was subject to judicial review as he acted as a tribunal while deciding cases under the anti-defection law.
While upholding the Constitutional validity of the Tenth Schedule, a Constitution Bench of the Supreme Court in
Kihoto Hollohan vs Zachillhu and Others (1991) declared paragraph 7 unconstitutional.
It also said the Speaker’s decision was subject to judicial review as he acted as a tribunal while deciding cases under the anti-defection law.
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