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Anti Defection Law

Disqualification of MLAs and Speaker’s Powers 

Why in the news?

The Supreme Court of India has given a final three week deadline to the Telangana Legislative Assembly Speaker to decide the remaining disqualification petitions against MLAs elected on BRS tickets who later joined the Congress. The Court warned that failure to comply would invite contempt proceedings.

What is the issue?

  • Disqualification petitions were filed against 10 MLAs under the anti defection law
  • Allegation is defection from Bharat Rashtra Samiti to Congress after elections
  • Speaker rejected 7 petitions in December 2025
  • One more petition has since been decided
  • Remaining petitions are still pending

Supreme Court directions so far

  • Matter pending before SC since December 2024
  • July 31, 2025 order directed Speaker to decide all petitions within three months
  • Non compliance led to contempt petitions
  • January 16, 2026 hearing granted two weeks extension
  • February 2026 order gives last chance of three weeks with contempt warning

Legal and constitutional basis

  • Anti defection law is contained in the Tenth Schedule
  • Speaker of the Legislative Assembly is the adjudicating authority
  • Speaker’s decisions are subject to judicial review
  • Power of contempt flows from Articles 129 and 142 of the Constitution
[2022] With reference to anti-defection law in India, consider the following statements: 

1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 

2. The law does not provide any time-frame within which the presiding officer has to decide a defection case. 

Which of the statements given above is/are correct? 

(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

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