political party for the
purposes of the Tenth Schedule. This reading of the Tenth
31
PART D
Schedule has been affirmed by Srinivasan ... disqualification petitions;
b. The concept of per se disqualification is unknown to the Constitution. Any
decision as to the disqualification proceedings under the Tenth Schedule
Tenth
Schedule and their decisions in that capacity are amenable
to judicial review.
However, having regard to the Constitutional Schedule in
the Tenth Schedule, judicial ... Tribunal for the purposes of Tenth
Schedule and therefore, the exercise of power by the Speaker
under Tenth Schedule is subject to judicial review under
Tenth
Schedule and their decisions in that capacity are amenable
to judicial review.
However, having regard to the Constitutional Schedule in
the Tenth Schedule, judicial ... Tribunal for the purposes of Tenth
Schedule and therefore, the exercise of power by the Speaker
under Tenth Schedule is subject to judicial review under
Tenth
Schedule and their decisions in that capacity are amenable
to judicial review.
However, having regard to the Constitutional Schedule in
the Tenth Schedule, judicial ... Tribunal for the purposes of Tenth
Schedule and therefore, the exercise of power by the Speaker
under Tenth Schedule is subject to judicial review under
Speaker
under the Tenth Schedule is on the ground of nullity, since
the Speaker has no power of review under Tenth Schedule, and
that ... Tenth Schedule. The only question therefore, is whether the
Speaker acting as the authority under the Tenth Schedule has
the power of review by necessary
disqualified under the Tenth Schedule to the
Constitution of India. The Tenth Schedule was also added
containing provisions as to disqualification on ground of
defection ... Tenth Schedule to the
Constitution, in terms of paragraph 6 of the Tenth Schedule, a
decision on the claim for disqualification could not be kept
disqualified under the Tenth Schedule to the Constitution of
India. The Tenth Schedule was also added containing provisions as to
disqualification on ground of defection ... Tenth Schedule to the
Constitution, in terms of paragraph 6 of the Tenth Schedule, a decision on
the claim for disqualification could not be kept
Tenth
43
Schedule, wherein it is stated that “the main purpose underlying
the constitutional amendment and introduction of the Tenth
Schedule is to curb ... Paragraph 2 of the Tenth Schedule.”
(emphasis supplied)
50. Therefore, it can be clearly concluded that the Tenth Schedule
was brought in to cure
disqualification under Schedule-X it was submitted that a
disqualification under paragraph 2(1) (a) of the Tenth Schedule
is relatable to a happening which ... disqualified under the Tenth Schedule"
TENTH SCHEDULE
"Interpretation.- In this Schedule, unless the
context otherwise requires,-
(a) „House‟ means either House of
Parliament
prescribes the procedure for deciding the petition for disqualification. The disqualification if ordered under the Tenth Schedule, would be a disqualification for membership under Article ... question of Speaker recognising any group or party under the Tenth Schedule. Under Schedule Tenth, the Speaker does not give recognition to a group
