mahesh avadutha | Hyderabad 

In a significant ruling, the Supreme Court on Thursday directed Telangana Assembly Speaker Gaddam Prasad Kumar to decide within three months on disqualification petitions against 10 Bharat Rashtra Samithi (BRS) MLAs who defected to the ruling Congress after the 2023 elections. A bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih emphasized the urgency of resolving disqualification matters, stating the Speaker “cannot sit over petitions indefinitely.”

The petitions, filed by BRS leaders including K.T. Rama Rao and BJP MLA Alleti Maheshwar Reddy, invoke the Tenth Schedule of the Constitution, which prohibits defections unless two-thirds of a party merges with another. The MLAs include Danam Nagender, Kadiyam Srihari, Tellam Venkat Rao, Pocharam Srinivas Reddy, Kale Yadaiah, M. Sanjay Kumar, Bandla Krishna Mohan Reddy, T. Prakash Goud, Arekapudi Gandhi, and Gudem Mahipal Reddy.

These defections, which began after Congress took power in December 2023, led to legal battles and accusations that the Speaker delayed action to protect the defectors. The Supreme Court overruled a Telangana High Court Division Bench that had quashed an earlier order for timely hearings. Chief Justice Gavai warned that delays would lead to adverse inferences and compared prolonged inaction to “operation successful, patient dead.”

The Court referenced the 1992 Kihoto Hollohan ruling, which treats the Speaker’s disqualification role as quasi-judicial and subject to judicial review. It also cited the Keisham Meghachandra Singh case (2020), which recommended a three-month timeframe for decisions. The bench criticized recurring delays and urged Parliament to consider reforms, such as an independent tribunal.

The BRS hailed the verdict as a democratic victory. K.T. Rama Rao said it was a “warning to those who betray their mandate.” With the Congress holding 64 seats in the 119-member Assembly, and BRS reduced from 39 due to defections, by-elections could shift power dynamics if the MLAs are disqualified by the October 31 deadline.

Congress leaders claimed the defectors enjoy public support and accused BRS of political gamesmanship. Legal experts see the ruling as a push toward impartial adjudication of defection cases, with potential national implications.

Key Provisions:

■    If a legislator voluntarily gives up party membership.

■    If they vote or abstain against the party’s whip without prior permission.

■    Decision-Making Authority: The Speaker of the Lok Sabha/State Assembly or Chairman of the Rajya Sabha/Legislative Council was designated as the authority to decide disqualification petitions, acting as a tribunal.

Anti-Defection law

The anti-defection law, enshrined in the Tenth Schedule of the Constitution, was introduced to curb political defections that destabilized governments and eroded democratic mandates. It has evolved through amendments and key Supreme Court rulings, remaining highly relevant, especially in cases like the recent Telangana MLA disqualification row.

The 1985 Anti-Defection Law

The law was enacted via the 52nd Constitutional Amendment, adding the Tenth Schedule to the Constitution, effective March 1, 1985, during Prime Minister Rajiv Gandhi’s tenure.

Telangana Speaker to seek legal opinion

-Telangana Assembly speaker Gaddam Prasad Kumar on Thursday said he will consult legal experts once he receives the Supreme Court order copy on the issue of disqualification of BRS MLAs and take future course of action.

-Congress welcomed the verdict, emphasizing the Speaker’s role. Bhongir MP Chamala Kiran Kumar Reddy called it a “slap on BRS’s face,” stating, “The Supreme Court recognized the Speaker’s primacy.” 

- Devarakadra MLA G. Madhusudan Reddy echoed, “We welcome the Supreme Court’s verdict on the MLAs’ disqualification petition,” criticizing BRS: “BRS leaders’ words are like ghosts chanting vedas; the verdict is a slap to them.” He accused BRS of past defections, noting, “KCR is the pioneer of defections,” and emphasised Congress’s respect for the Speaker’s decision. 

-Senior leader Shabbir Ali added, “The Supreme Court’s decision is a victory for democracy and constitutional values.”

-BRS hailed the ruling as a moral triumph. Working President K.T. Rama Rao tweeted, “Truth and justice have prevailed,” hoping Rahul Gandhi would support it and predicting by-elections in 10 constituencies, stating, “We anticipated this verdict.” 

-Former Minister Harish Rao criticized Congress’s hypocrisy, saying, “Those who welcomed defections earlier now cry foul.” Congress retorted, stating, “Harish Rao and KTR have no right to speak on defections,” citing BRS’s history of absorbing Congress MLAs and merging the CLP. BRS MP V Ravichandra, MLA Palla Rajeshwar Reddy welcome the apex court decision.

-BJP endorsed the decision. State President N Ramchander Rao said, “We welcome the Supreme Court’s decision on defecting MLAs.” 

-Medak MP M Raghunandan Rao referenced Congress’s 2004 inaction, asserting, “If by-elections occur, BJP will win all seats,” and trusted the Speaker’s forthcoming decision. 

-The verdict has sparked heated discussions, with each party using it to bolster their narrative while accusing others of past defections, paving the way for potential by-elections and heightened political rivalry.