1992 (2) TMI 364 - SC - Indian Laws

Issues Involved:
1. Validity and severability of Paragraph 7 of the Tenth Schedule.
2. Ratification requirement under Article 368(2) for the Constitution (Fifty-Second Amendment) Act, 1985.
3. Validity of Paragraph 2 of the Tenth Schedule.
4. Justiciability of the Speaker's/Chairman's decisions under the Tenth Schedule.
5. Judicial review of the Speaker's/Chairman's decisions.
6. Immunity under Paragraph 6(2) of the Tenth Schedule.
7. Scope of judicial review under Articles 136, 226, and 227.
8. Role and impartiality of the Speaker/Chairman.
9. Construction of the term "any direction" in Paragraph 2(1)(b) of the Tenth Schedule.
10. Validity of interlocutory orders.
11. Compliance with Article 141 and 144 of the Constitution.

Summary:

1. Validity and Severability of Paragraph 7 of the Tenth Schedule:
- Paragraph 7 of the Tenth Schedule is independent and severable from the main provisions. The remaining provisions of the Tenth Schedule can stand alone and are workable without Paragraph 7. (p.712E-F)

2. Ratification Requirement under Article 368(2):
- The proviso to Article 368(2) does not affect the severability of a provision requiring ratification from the rest of the Bill. The Constitution (Fifty-Second Amendment) Act, 1985, introducing the Tenth Schedule, does not require ratification for the provisions other than Paragraph 7. (711G-H; 712A-B)

3. Validity of Paragraph 2 of the Tenth Schedule:
- Paragraph 2 of the Tenth Schedule is valid. It does not subvert democratic rights or violate freedom of speech, vote, and conscience of elected Members. It aims to curb unprincipled and unethical political defections. (712F-H; 713A)

4. Justiciability of the Speaker's/Chairman's Decisions:
- The Speaker/Chairman exercises judicial power as a Tribunal under the Tenth Schedule, and their decisions are subject to judicial review. (713C)

5. Judicial Review of the Speaker's/Chairman's Decisions:
- Paragraph 6(1) of the Tenth Schedule, which imparts finality to the Speaker's/Chairman's decision, does not exclude judicial review under Articles 136, 226, and 227 for violations of constitutional mandates, mala fides, non-compliance with natural justice, and perversity. (713E-F)

6. Immunity under Paragraph 6(2) of the Tenth Schedule:
- The deeming provision in Paragraph 6(2) provides immunity analogous to Articles 122(1) and 212(1) to protect the validity of proceedings from mere procedural irregularities. (713G-H; 714A)

7. Scope of Judicial Review under Articles 136, 226, and 227:
- Judicial review should not cover any stage prior to the Speaker's/Chairman's decision. Interlocutory interference is permissible only in cases of interlocutory disqualifications or suspensions with grave, immediate, and irreversible repercussions. (713D-E)

8. Role and Impartiality of the Speaker/Chairman:
- The Speaker/Chairman holds a pivotal position in Parliamentary democracy and is expected to act impartially. The vestiture of power to adjudicate questions under the Tenth Schedule in them is not exceptionable. (714B-C)

9. Construction of the Term "Any Direction" in Paragraph 2(1)(b):
- The term "any direction" should be construed harmoniously with the Tenth Schedule's objects and purposes. It should be limited to directions related to major policies and programs on which the political party went to the polls. (774H; 775A-B)

10. Validity of Interlocutory Orders:
- Interlocutory orders are justified to preserve the status quo and prevent proceedings from becoming infructuous due to unilateral acts during their pendency. (776G-H; 777A)

11. Compliance with Article 141 and 144 of the Constitution:
- Under the Constitution, the judiciary has the final authority to construe the meaning of constitutional provisions and laws. All authorities must accept and act in aid of the Supreme Court's decisions. (784F-H)

Minority Opinion:
- The entire Constitution (Fifty-Second Amendment) Act, 1985, is unconstitutional due to the absence of ratification by the State Legislatures as required by the proviso to Article 368(2). The Speaker's decision disqualifying a member is not immune from judicial scrutiny and is a nullity liable to be declared and ignored. (715B-C; 715D-E; 715F; 715G; 782G; 716B-C; 716C-D; 716D)

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