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On 25 August 2026 the Supreme Court issued notice to 20 rebel Trinamool Congress Lok Sabha MPs on a petition by TMC leader Abhishek Banerjee seeking an early decision on the disqualification pleas pending against them.
The MPs are alleged to have defected to the Nationalist Citizens Party of India (NCPI); the disqualification petitions were filed with the Lok Sabha Speaker under the Tenth Schedule.
The Court did not issue notice to Speaker Om Birla after Solicitor General Tushar Mehta said he would appear for the Speaker and take instructions.
The presiding judge observed that decisions of this kind must be taken within a reasonable timeframe — the same principle the Court laid down in Keisham Meghachandra Singh (2020) and reiterated in Padi Kaushik Reddy (2025).
The Tenth Schedule, inserted by the 52nd Constitutional Amendment Act, 1985, fixes no time limit for the Speaker to decide, which is the gap at the centre of this litigation.
A member of a political party is disqualified if he voluntarily gives up membership of that party, or votes or abstains contrary to the party whip without prior permission and without the party condoning it within 15 days.
An independent member is disqualified on joining any political party after election. A nominated member is disqualified if he joins a political party after six months from taking his seat.
Disqualification does not apply where the original political party merges with another and at least two-thirds of the members of the legislature party agree to the merger.
The 91st Constitutional Amendment Act, 2003 removed the earlier provision that protected a split by one-third of a legislature party, which had been widely used to legalise bulk defections.
The Speaker or Chairman of the House decides all questions of disqualification under the Tenth Schedule. No outer time limit is prescribed anywhere in the Schedule.
Tenth Schedule inserted by the Constitution (Fifty-second Amendment) Act to curb defections.
Kihoto Hollohan v. Zachillhu — the Supreme Court holds that the Speaker acts as a tribunal under the Tenth Schedule, so the decision is open to judicial review on grounds such as mala fides, perversity or violation of constitutional mandate.
Constitution (Ninety-first Amendment) Act deletes the one-third 'split' exception, leaving only the two-thirds merger route.
Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly — the Court says Speakers should ordinarily decide disqualification petitions within about three months.
Padi Kaushik Reddy v. State of Telangana — the Court holds that the Speaker, acting as a tribunal, enjoys no constitutional immunity, sets a three-month deadline in that case, and urges Parliament to reconsider entrusting the decision to the Speaker at all.
Supreme Court issues notice to 20 rebel TMC MPs on the plea for an early decision on their disqualification.
GS Paper II > Indian Constitution — significant provisions, Parliament and State Legislatures, separation of powers
Indian Polity > Schedules of the Constitution and Constitutional Amendments
General Awareness > Indian Polity
Consider the following statements: 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'. 2. The above-mentioned Act was amended five times. 3. The term 'Office of Profit' is well-defined in the Constitution of India. Which of the statements given above is/are correct?
Answer: 1 and 2 only
Consider the following statements: 1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. 2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Which of the statements given above is/are correct?
Answer: Neither 1 nor 2
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?
Answer: 2 only
The anti-defection provisions of the Constitution, inserted by the 52nd Amendment Act, 1985, listing the grounds on which a legislator may be disqualified for defection.
A written direction issued by a political party to its legislators to vote in a particular way; voting or abstaining against it without permission is a ground of disqualification.
Paragraph 4 of the Tenth Schedule — no disqualification if the original party merges and at least two-thirds of the legislature party members agree.
A body that decides disputes by applying law to facts; Kihoto Hollohan held that the Speaker functions as one when deciding defection cases, which is why the decision is judicially reviewable.