The Supreme Court ruled the Speaker of the Telangana Assembly does not have constitutional immunity under Articles 122 or 212 when deciding disqualification petitions under the Tenth Schedule.
Articles 122 and 212 prevent the courts from interfering in Parliament and state legislatures, but do not shield the Speaker in disqualification cases.
The case concerned 10 MLAs who defected from Bharat Rashtra Samithi (BRS) to the Congress Party after Telangana’s 2023 elections.
The Disqualification petitions were filed between March and April 2024 under the Tenth Schedule for voluntarily giving up party membership.
The Tenth Schedule empowers the Speaker to decide disqualification petitions following the Assembly rules.
The Speaker delayed issuing notices and deciding the petitions for over seven months, prompting the Supreme Court’s intervention.
The Court directed the Speaker to conclude proceedings within three months and warned of adverse inferences if MLAs delay the process.