Which of the following statements is/are correct regarding the powers of the Speaker under the Tenth Schedule? 1. The Supreme Court has ruled that the Speaker enjoys absolute immunity from judicial review under Articles 122 and 212 while deciding defection cases. 2. According to the Kihoto Hollohan judgment (1992), the Speaker acts as a tribunal when deciding disqualification petitions.

Question

Accepted Answer

B) 2 only — Statement 1 is incorrect because the Supreme Court clarified that Speakers do not enjoy immunity under Articles 122 and 212 when acting as tribunals under the Tenth Schedule. Statement 2 is correct as the Kihoto Hollohan judgment established that the Speaker acts as a tribunal subject to judicial review.