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24 July 2026

Supreme Court hearing on Goa MLA defections

The case involves a critical interpretation of the 10th Schedule of the Constitution and the judicial review of the Speaker's powers, which are core, frequently examined topics in the UPSC Mains GS2 syllabus.

2 min read 2 questions 1 prelims

Notes

  • The Supreme Court has admitted a petition challenging the Goa Assembly Speaker's decision to reject the disqualification of eight MLAs who defected from their original party to the ruling party in 2022.
  • The core legal issue involves the interpretation of the 10th Schedule of the Constitution, specifically whether a defection of two-thirds of a legislature party constitutes a merger of the political parties themselves.
  • The Speaker had previously ruled that the defection did not warrant disqualification, citing the merger provision under the anti-defection law.
  • The Supreme Court has directed the matter to be heard by a three-judge Bench to examine the legal interpretation and potential conflicts of opinion between High Courts.
  • The 10th Schedule provides an exception to disqualification if two-thirds of the members of a legislature party merge with another party.
  • The case highlights the ongoing judicial scrutiny regarding the role of the Speaker in disqualification proceedings and the scope of judicial review in such matters.

Questions

  1. Critically examine the role of the Speaker in disqualification proceedings under the 10th Schedule of the Constitution. To what extent is judicial review permissible in cases involving the Speaker's decision on defection? 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. The anti-defection law was intended to curb political instability, yet it continues to face challenges regarding its interpretation and implementation. Discuss the evolution of the 10th Schedule and analyze whether the current provisions effectively balance party discipline with the legislative independence of elected representatives. 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Under the 10th Schedule of the Indian Constitution, what is the minimum proportion of members of a legislature party required to merge with another party to be exempted from disqualification?